The Supreme Court of India has scheduled the final hearing of the plea challenging the acquittal of Surendra Koli, an accused in the infamous Nithari killings case of 2005-2006.

A bench comprising Justices BR Gavai and AG Masih issued the order following petitions filed by the State of Uttar Pradesh and the Central Bureau of Investigation (CBI), contesting the Allahabad High Court's decision to acquit Koli.

In July of the previous year, the Supreme Court had issued notice on the petitions after Solicitor General Tushar Mehta, representing the CBI, informed the bench that Koli had been sentenced to death by the trial court for his "extremely gruesome" actions.

A division bench, consisting of Justices BR Gavai and KV Viswanathan, sought a response from Koli regarding the separate appeals filed by the CBI against the High Court's October 16, 2023, verdict.

Earlier in May, the Supreme Court had also issued notice in the appeal filed by Pappu Lala, the father of one of the victims, challenging the High Court's ruling that overturned the conviction of Moninder Singh Pandher and Surendra Koli.

In October 2023, the Allahabad High Court had set aside the convictions, expressing strong disapproval of the investigation conducted by the Uttar Pradesh Police and the CBI. The court criticized the "casual and perfunctory" investigation into the Nithari killings, suggesting that the sole focus on Koli, the domestic servant, had overshadowed the potential involvement of organ trade as the true motive behind the crimes. The High Court termed the failure to probe this possibility as a "betrayal of public trust" by the authorities.

The division bench, comprising Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi, further criticized the agencies for neglecting other possible angles, including organ trade, as recommended by the High-Powered Committee formed by the Ministry of Women and Child Development in 2015. The court condemned the investigation as "slipshod" and lacking the necessary care, especially in such a sensitive case.

The High Court also raised concerns about the recovery of evidence by the police, hinting that they may have been aware of the locations beforehand. The court found the investigation to be flawed, accusing the agencies of implicating a poor servant without fully exploring more serious aspects. As a result, the convictions and death sentences were overturned, and Koli was ordered to be released, with the court highlighting that a fair trial had been denied, and the prosecution had failed to prove guilt beyond a reasonable doubt.

The Nithari killings case began in December 2006 when several human skeletons were discovered in a drain near a house in Nithari, Noida. The CBI registered 16 cases, and Moninder Pandher, the owner of the house, was found to be involved, with Koli identified as his domestic help.

Case Title: CBI vs. Surendra Koli