Nithari Killings | 'Very Sorry Picture' : Supreme Court Expresses Displeasure At CBI's Unpreparedness In Appeal Against Acquittal

Adjourning the pleas challenging the acquittal of Surendra Koli, one of the accused in Noida serial murder cases of 2005-2006 (Nithari Kand), the Supreme Court yesterday expressed serious displeasure with the CBI for turning up unprepared despite the matter being listed for final hearing.

A bench of Justices BR Gavai and AG Masih was slated to hear a batch of 13 appeals, 12 of which were filed by State authorities. However, when the matter was called out, petitioners' counsels (including Senior Advocate Geeta Luthra) sought an adjournment, pleading inter-alia that the trial court records were voluminous and not available in entirety.

Subsequently, the bench noted from the office report that the trial court record was available. When the State counsels still pressed for an adjournment, Justice Gavai expressed that the request not only put the bench in difficulty, but also outstation counsels.

Additional Solicitor General Aishwarya Bhati, one of the counsels who prayed for an adjournment, sought time of 1 week to prepare and argue. She apologized for the inconvenience caused. Justice Gavai, in response, reflected that the State's non-representation, despite as many as 18 counsels appearing on the last date (including SG Tushar Mehta, ASG Vikramjit Banerjee and many senior counsels), cut a "very sorry picture of Union/CBI".

At this point, Senior Counsel for Koli urged that many senior counsels appeared for the State earlier, but none is ready to argue as it is a "hollow" case. He submitted that the only evidence against Koli is a statement recorded under Section 164 CrPC (where he confessed) after brutal torture during custody of 60 days, and a recovery under Section 27 Evidence Act.

As per the senior counsel, the case was one of organ-trading, but the state made it about cannibalism and sexual deviance. It was urged that there was no recovery of blood-stained clothes or weapon, or torsos of the victims, and that the body parts recovered were cut with surgical precision. Reference was also made to the High Court's findings regarding the organ trade angle and a High Powered Committee report, which said that it was a case of organ-trade and not cannibalism.

Ultimately, the matter was adjourned to April 29. Justice Gavai though commented that if appearances are given only for name-sake, the bench led by him might have to consider adopting the practice adopted by Justice Bela Trivedi-led bench. As per a recent judgment by Justice Trivedi-led bench, appearances of only Senior Advocates/AoR/Advocate, who are physically present and arguing in the Court at the time of hearing of the matter, and one Advocate/AoR each for assistance in Court to such arguing Sr Advocate, AoR or Advocate, shall be recorded in the record of proceedings.

To recap, the Nithari killings came to light in December 2006 when skeletal remains of several children/women were recovered from a drain behind businessman Moninder Singh Pandher's house in Noida's Nithari. Following an investigation, Pandher and his domestic help Surendra Koli were booked by the CBI inter-alia for murder and rape.

The duo was convicted and sentenced to death - Koli in 12 cases and Pandher in 2 cases. However, in October 2023, a Division Bench of the Allahabad High Court acquitted Pandher and Koli for lack of evidence.

Aggrieved by the acquittal, CBI (and others) filed petitions before the Supreme Court, on which notice was issued in July, 2024.

About Nithari Killings

The Nithari murders came to light in December 2006, when skeletons were found in a drain near a house in Nithari, Noida. During course of investigation, it was found that Pandher was the owner of the house and Koli was his domestic help. Hence, both were named in the FIRs.

The CBI registered a total of 16 cases, charge-sheeting Koli in all of them for murder, abduction, and rape besides destruction of evidence, and Pandher in one for immoral trafficking. A Ghaziabad court, however, summoned Pandher in five other cases after several victims' families approached it.

As per CBI, Koli killed several girls by chopping off their bodies to pieces before throwing them in the backyard of Pandher's house. Reportedly, bodies of a total of 19 victims were found in the backyard of the house.

Case Title: State through Central Bureau of Investigation v. Surendra Koli, Diary No. 15138-2024 (and connected cases)