Surendra Koli Continues to Serve Life Sentence Despite Acquittal in Nithari Killings Cases

Surendra Koli will remain imprisoned despite the Supreme Court upholding his acquittal in 12 Nithari killings cases. This is due to a life sentence given by the Allahabad High Court for the murder of Rimpa Haldar, officials confirmed. The CBI spokesperson stated that Koli's life term in one of the Nithari cases ensures his continued incarceration.

The Nithari killings were uncovered on December 29, 2006, when skeletal remains of eight children were found in a drain behind Moninder Singh Pandher's house in Noida. Koli worked as a domestic helper for Pandher. Further searches revealed more remains, mostly belonging to poor children and young women who had disappeared from the area.

Supreme Court Decision and Pending Appeal

The Supreme Court upheld Koli's acquittal in 12 cases, which was previously decided by the Allahabad High Court. An appeal against this decision is still pending in the Supreme Court, according to officials. Meanwhile, Pandher faced charges in six cases but was acquitted in all by either the sessions court or the Allahabad High Court.

In total, 19 cases were filed against Pandher and Koli in 2007. The CBI closed three due to insufficient evidence. Of the remaining 16, Koli was acquitted in three, and his death sentence for Rimpa Haldar's murder was reduced to life imprisonment.

Legal Proceedings and Delays

Koli received a death sentence from the Additional Sessions Judge in Ghaziabad on February 13, 2009, for killing 14-year-old Haldar, who went missing on February 8, 2005. The Allahabad High Court confirmed this sentence on September 11, 2009, and the Supreme Court dismissed an appeal against it on February 15, 2011.

A death warrant was issued for Koli's execution between May 24 and May 31, 2011. However, he filed a mercy petition with the Governor on May 7, 2011. After three years and three months, it was rejected by the President on July 20, 2014.

Commutation of Death Sentence

The Supreme Court rejected review petitions in 2014, leading to new death warrants from the Ghaziabad court. Execution was imminent when a PIL by the People's Union for Democratic Rights and Koli's petition reached the Allahabad High Court. On January 28, 2015, a bench led by then Chief Justice DY Chandrachud commuted Koli's death sentence to life imprisonment due to delays in processing his mercy petitions.

The bench noted that a delay of three years and three months occurred in handling Koli's mercy petitions. Of this period, a delay of 26 months between submitting the petition to the Governor on May 7, 2011, and forwarding it to the Union Government on July 19, 2013, was deemed avoidable and unnecessary.

The state government's explanation for this delay was considered unfounded by the bench. This decision remains under appeal in the Supreme Court.

With inputs from PTI