Apex Court Issues Notice In CBI's Appeal Against Acquittal Of Surendra Koli In Nithari Murder Case; Solicitor General Terms The Case 'Gruesome'

The Supreme Court, today, issued notice in the petitions filed by the Central Bureau of Investigation ('CBI') and the State of Uttar Pradesh challenging the order by the Allahabad High Court acquitting Surendra Koli in Nithari Kand Case.

The Bench of Justice BR Gavai and Justice KV Viswanathan issued notice in the matter.

Solicitor General Tushar Mehta appeared and submitted that Surendra was a serial killer, who was involved in sexual assault, rape and murder of minor girls. He further called the case "gruesome" and said that there are allegations of cannibalism.

In this case, the murders occurred roughly during the period spanning from 2005 to 2006 at Nitahri, NOIDA, Uttar Pradesh. The case came to public attention in December 2006 when human remains, including skeletons, were discovered in a drainage area near a residence in Nithari, Noida. Subsequent investigations revealed that Moninder Singh Pandher was the owner of the house, and Surinder Koli worked as his domestic help.

It was during the investigation of the case that the role of Surendra Koli (SK) surfaced and the police took him in custody. Koli purportedly confessed to the killing of the missing girl and claimed to have chopped her body into pieces and dumped her head and slippers in the enclosed gallery behind a house while other body parts were thrown in the public drain passing in front of the house.

He had allegedly volunteered to lead the police party to the particular spot in an enclosed gallery behind the house where he had concealed the body parts of a missing girl and her other belongings. While he was at the place of recovery i.e. the enclosed gallery behind the house, he also confessed to the killing of other missing women/children, in a similar fashion, and fourteen more skulls were recovered on his pointing out from the same enclosed gallery where digging had already started. Consequently, both individuals were named as accused in the First Information Reports (FIRs) related to these crimes.

The Central Bureau of Investigation (CBI) took charge of the case and filed a total of 16 cases against Koli, charging him with offences such as murder, abduction, rape, and tampering with evidence. Additionally, Pandher was charged in one of these cases for involvement in immoral trafficking. However, due to the appeals made by families of several victims, the Ghaziabad court summoned Pandher to appear in five additional cases.

According to the CBI's findings, Koli was responsible for brutally murdering multiple young girls, dismembering their bodies, and disposing of the remains in the backyard of Pandher's residence. The prosecution's case asserted that a total of 19 victims' bodies were discovered in the backyard of Pandher's house.

The High Court had expressed its disappointment at the manner in which the killings were investigated. In that context, the Court said that, "Procedure required to be followed for recording the accused’s disclosure leading to recovery of biological remains i.e. skulls, bones and skeleton etc. has been given a complete go by. The casual and perfunctory manner in which important aspects of arrest, recovery and confession have been dealt with are most disheartening, to say the least."

The Court also expressed its shock over the manner in which confession was recorded after 60 days of police remand without any medical examination of the Koli; the providing of legal aid, the overlooking of specific allegation of torture in the confession itself, and the failure to comply with the requirement of Section 164 Cr.P.C.

Cause Title: State through Central Bureau of Investigation v. Surendra Koli (Diary No.: 15138/2024)