A Division Bench comprising Chief Justice D Y Chandrachud and Justice P K S Baghel passed the order while hearing a PIL filed by the People's Union for Democratic Rights (PUDR).
The PIL had contended that on account of "delay on part of Constitutional authorities" in disposing of the mercy petition filed by Koli before the President, his execution shall be deemed "unconstitutional" and his death sentence be commuted to life imprisonment.
Earlier on Oct 31, the Allahabad High Court stayed the execution order of Surinder Koli till November 25. The Nithari killings refer to one of the most gruesome crimes where body parts of children and women were found in a drain behind the bungalow of businessman M S Pandher in December 2009. Koli was Pandher's servant. The remains were that of 19 young women and children from Nithari village in Noida, allegedly raped and killed by Koli in Pandher's bungalow.