New Delhi: A three-judge bench comprising Chief Justice of India BR Gavai, Justice Surya Kant, and Justice Vikram Nath allowed Koli's curative petition—his final judicial remedy—challenging his conviction and death sentence in one of the Nithari murder cases.
Court's Detailed Order
Justice Vikram Nath, pronouncing the order in open court, stated: "The curative petition is allowed. The petitioner is acquitted of the charges. The petitioner shall be released forthwith if not wanted in any other case."
The bench set aside the Supreme Court's February 15, 2011 judgment that had upheld Koli's conviction, as well as the October 28, 2014 order dismissing his review petition. The Court also quashed the judgments of the Sessions Court dated February 13, 2009, and the High Court order dated October 11, 2009.
The jail superintendent has been directed to implement the release order immediately.
Background: The Anomalous Situation
Koli's curative petition was based on a critical legal anomaly: he had already been acquitted by the Supreme Court in 12 other cases related to the Nithari killings in July 2025. The acquittals were granted after the Court found grave procedural lapses and insufficient evidence in those cases.
The present conviction stood on the same evidence and factual matrix that had been deemed unreliable in the other 12 cases, creating what the Chief Justice termed an "anomalous situation."
During the October 7 hearing, when the matter was reserved for judgment, CJI Gavai had observed that maintaining the conviction would amount to a "travesty of justice." The Court noted that the very same evidence used to convict Koli had later been found unreliable when it acquitted him in the related cases.
The Nithari Killings: A Brief Overview
The Nithari serial killings came to light in December 2006 when skeletal remains of eight children were discovered in a drain behind the residence of businessman Moninder Singh Pandher in Nithari village, Noida. The gruesome case shocked the nation due to allegations of rape, murder, and even cannibalism involving multiple victims, mostly children and young women.
Surendra Koli, who worked as a domestic help at Pandher's house, and Pandher himself were arrested and tried in multiple cases. Koli faced trial in 13 separate cases, while Pandher was tried in several cases as well.
Over the years, both were convicted and awarded death sentences in multiple cases by the trial court. However, the Allahabad High Court in 2023 had acquitted both accused in most cases, describing the CBI investigation as "botched up" and finding that the prosecution failed to prove guilt beyond reasonable doubt.
Supreme Court's Earlier Ruling in July 2025
In July 2025, the Supreme Court upheld the Allahabad High Court's acquittals of both Koli and Pandher, dismissing 14 appeals filed by the CBI and victims' families. A bench led by Chief Justice Gavai had praised the High Court judges for withstanding media pressure and delivering a judgment based on evidence.
"It is rather complimentary of the judges of the High Court for writing such a judgment. There must have been a lot of media pressure. By withstanding such pressure they have given such a judgment," CJI Gavai had remarked during that hearing.
The Court emphasized that only evidence recovered from places exclusively accessible to the accused could be admitted. It noted that the recovery of victims' remains from an open drain was not based on Koli's statement, and such recoveries without recording the accused's statement are inadmissible under evidence law
Legal Representation
Surendra Koli was represented before the Supreme Court by senior counsel Yug Mohit Chaudhary and advocate Payoshi Roy, who argued that maintaining the conviction based on evidence already declared unreliable would be legally untenable.
Significance of the Judgment
This judgment brings to a close one of India's most notorious and disturbing criminal cases that has been under litigation for nearly 19 years. The case had drawn massive media attention and public outcry when it first came to light, given the heinous nature of the alleged crimes.
The Supreme Court's decision underscores an important principle of criminal jurisprudence: that conviction cannot be sustained when it rests on the same evidentiary foundation that has been found insufficient in related cases. The Court's observation about the "travesty of justice" reflects the judicial system's commitment to consistency and fairness, even in cases that evoke strong public emotions.
While the acquittal may bring legal closure to the case, it has reopened questions about investigative failures and procedural lapses that the higher judiciary has repeatedly criticized throughout the litigation.
With this final acquittal, Surendra Koli is now set to walk free after spending nearly two decades in custody