The Allahabad High Court today acquitted the two main accused in several cases
New Delhi:
The Allahabad High Court order acquitting the two main accused in several cases related to the Nithari killings is the latest twist in a 17-year-old matter that has been raised at every level of the judiciary and has even come up before the President of India. The Hindkesharitracks the milestones in a long-winding legal battle following a chilling crime.
Children Go Missing
Back in 2006, Noida was hardly as developed as it is now. Between 2005 and 2006, several children from and around Noida’s Sector 31 went missing. Police had made little headway in its search for the missing. Among the missing children were Jyoti, 10, and Rachna, 8. Their fathers Jhabbu Lal and Pappu Lal suspected Surinder Koli, domestic help at the home of businessman Moninder Singh Pandher. The two had approached police with their suspicion, but to no avail. Eventually, they urged SC Mishra, former chief of the local residents’ association, to help them search a drain. There was a rumour in the area that body parts of children were spotted in the drain.
A Shocking Discovery
According to a report in The Indian Express dated December 29, 2006, Mr Mishra, Jhabbu Lal and Pappu Lal reached the drain around 9.30 that morning. The drain had not been cleaned for months. About half an hour later, Jhabbu said, he found a decomposed hand. Police were called in from Sector 20 police station, where all the missing complaints had been registered. By the time police reached the spot, locals said they had dug out parts of three bodies. According to the Express report, police said they had reached the drain after they had arrested Surinder and he had confessed.
How Many Bodies?
News reports from the time suggest a disagreement over the number of bodies found in the drain. Local residents claimed as many as 15 bodies were found. Police, however, said they had found bones and skulls, and it was not possible to arrive at one figure. Police were also accused of claiming credit for finding the bodies even though residents made the shocking discovery. According to a rediff.com report, police had said that they cracked the case during their search of a woman named Payal, who used to visit Pandher’s home. Koli had later admitted to murdering Payal and six children. Pandher, according to media reports, had said Payal was a sex worker he would hire.
The Investigation
From the outset, local residents were not satisfied with the Uttar Pradesh Police’s probe into the horrifying crime. The tension also led to incidents of stone-pelting by local residents on police personnel. Amid allegations of major lapses on the part of the cops, the central government appointed an inquiry panel. Amid public outcry, the then Mulayam Singh Yadav government suspended three senior police officers and several police personnel. The central panel, too, found gross negligence on the part of police. In April that year, the UP government decided to hand over the case to the CBI.
The Victims, The Cases
The investigation found the number of victims was at least 19, with Payal being the only adult. An examination of victims’ skulls and bones found that 10 of them were victims. According to news reports, doctors had said there was a “butcher-like precision” in the chopping of the bodies. The CBI case accused Koli of rape, murder and destruction of evidence. The CBI chargesheets did not accuse Pandher of rape or murder, with officials saying there was no strong evidence.
The Convictions
In 2009, a special court in Ghaziabad found both Pandher and Koli guilty of the rape and murder of 14-year-old Rimpa Haldar, leaving the CBI red-faced. The two accused were sentenced to death, with the court calling it a “rarest of rare” case. Over the next three years, Koli was awarded five death sentences in five separate cases. The accused appealed to the Supreme Court, which upheld the death penalty in 2011. The matter also reached then President Pranab Mukherjee. Mr Mukherjee rejected Koli’s mercy petition.
A Midnight Court Order
Koli was to be hanged on September 12, 2014, but then Chief Justice HL Dattu passed an order at 1.30 am on September 8, putting up the execution by at least a week. The order was passed on a review petition by Koli’s lawyer Indira Jaising. The next month, the Supreme Court upheld the death sentence. In 2015, however, the Allahabad High Court commuted the death penalty to life imprisonment, citing the “inordinate” delay in deciding his mercy plea. Four years later, in 2019, Koli was awarded another death penalty in his 10th conviction. According to the counsel of the victims’ family, Koli was convicted in 13 cases. The Allahabad High Court has now acquitted him in 12.
An Order After 17 Years
The Allahabad High Court today acquitted Both Koli and Pandher in serial killings case, citing lack of evidence. Setting aside the lower court’s sentence, the high court said the prosecution had failed to prove its case beyond reasonable doubt. The CBI had filed closure reports in three of the 19 cases due to lack of evidence. Pandher is currently in a Noida jail, and Koli is in a Ghaziabad prison.
What Happens Now
Out of the 16 cases against him, Koli has been acquitted in 15 – these include 12 in today’s order and 3 in which the trial court acquitted him earlier. However, he continues to be a life-term prisoner for his conviction in one case. The Supreme Court had earlier confirmed the death sentence. He has filed a curative petition, which is pending. So he is not walking free at this point. Pander, on the other hand, had three cases against him. With today’s order, he has been acquitted in all three.