In a significant development, the Supreme Court on Tuesday, October 7, 2025, signaled a likely acquittal for Surendra Koli, the notorious convict in the Nithari killings. This potential decision concerns the final remaining case where his conviction still stands. The court expressed strong reservations, noting that upholding the 2011 verdict would be a ‘travesty of justice’ given that Koli has already been exonerated in 12 other cases stemming from identical facts and evidence.
During the hearing of Mr. Koli’s curative petition, a Bench comprising Chief Justice of India (CJI) B.R. Gavai and Justices Surya Kant and Vikram Nath made a striking comment, stating, “This matter deserves to be allowed in a minute,” before reserving their final verdict.
The Bench highlighted the inherent contradiction, explaining to Additional Solicitor-General Raja Thakare, representing the Central Bureau of Investigation (CBI), that “An anomalous situation would arise if, on the same set of facts, he is convicted in this case when this court has acquitted him in the others.”
The court further highlighted that Mr. Koli’s conviction in this single outstanding case hinges entirely on his confessional statement and the discovery of a kitchen knife from an alley behind his residence. Crucially, these are the very same pieces of evidence that proved insufficient for conviction in his 12 other trials, leading to his acquittals.
When Mr. Thakare attempted to differentiate this specific case based on its factual nuances, the Bench promptly reminded him of his ethical duty to assist the court without bias. The CJI firmly stated, “As a solicitor, we expect you to be an officer of the court.”
A curative petition represents the rarest form of judicial review, typically deliberated in private chambers. It is only considered under extraordinary circumstances, such as when there’s a clear denial of natural justice, evidence of bias, or a fundamental flaw in the legal process that leads to severe injustice. Mr. Koli’s plea, serving as his final legal avenue against the Supreme Court’s 2011 decision that confirmed his conviction and death sentence, was moved to an open court hearing after the Bench consented to review it on September 1.
It was on July 30 that the apex court had already acquitted Koli in 12 of the 13 cases related to the infamous Nithari killings. Their rationale included significant procedural missteps and the presentation of unreliable evidence. The Bench concluded that the prosecution failed to prove guilt beyond a reasonable doubt and highlighted numerous inconsistencies throughout the investigation.
Originally, Mr. Koli received a death sentence when the Supreme Court affirmed his conviction in February 2011. However, the Allahabad High Court later commuted this to life imprisonment in 2015, acknowledging the extensive delay in processing his mercy petition. Prior to this, his review petition had been rejected by the Supreme Court following an open court hearing on October 28, 2014.
The Nithari killings, brought to public attention in 2007, sent shockwaves across the nation due to their horrific nature. The gruesome discovery of skeletal remains, belonging to several children, in a drain behind a Noida house where Koli was employed as a domestic aide, uncovered a chilling series of murders that deeply disturbed the public. The property was owned by businessman Moninder Singh Pandher, who was also implicated as an accused in numerous charge sheets.
Amid intense public outcry, the investigation was handed over to the CBI. The agency alleged that Koli lured young girls into the house, subjected them to sexual assault, murdered them, and then mutilated their bodies. He was even accused of cannibalism. From 2005 to 2007, a total of 16 cases of rape and murder were officially registered. The prosecution asserted that they had recovered the weapon used to dismember the victims. Ultimately, the trial court convicted Koli in 13 cases. In contrast, Moninder Singh Pandher, initially convicted in two cases, was later acquitted across all charges. Following the Supreme Court’s 2011 judgment, Koli remained with just one conviction.
In its July acquittal, the Supreme Court critically noted that crucial recoveries made during the investigation lacked corroboration through any statement under Section 27 of the Indian Evidence Act—a provision governing evidence derived from an accused’s disclosures while in custody. The CBI had originally challenged an October 2023 order from the Allahabad High Court, which had acquitted Koli and criticized the agency for not thoroughly investigating a potential organ trade angle that emerged during the initial probe.