SC Grants Open Court Hearing to Nithari Convict Koli’s Challenge

The Supreme Court on Monday allowed an open court hearing to Nithari killings convict Surendra Koli, who has challenged his 2011 conviction order, the sole case keeping him behind bars after his acquittal in 12 others.

Koli filed a curative petition on August 30, just a month after the apex court on July 30 acquitted him in 12 cases of rape and murder linked to the infamous Nithari killings (2005–2007), citing serious lapses in investigation and lack of evidence.

Appearing before a bench led by Chief Justice of India Bhushan R. Gavai and Justice Vinod K. Chandran, advocate Payoshi Roy sought urgent listing. “In 12 cases, he has been acquitted. He remains in jail due to a single conviction,” she argued.

The bench noted that the judges who delivered the 2011 judgment have since retired. “We will assign a bench,” the CJI said.

What Is a Curative Petition?

A curative petition is the final legal remedy available to a convict, typically heard in chambers. It is entertained only on narrow grounds such as denial of hearing, apprehension of bias, or abuse of judicial process.

Background of the Case

In 2007, skeletal remains of several children were recovered from a drain near the Nithari residence of Koli’s employer, Moninder Singh Pandher, sparking nationwide outrage. The CBI investigation accused Koli of luring girls, sexually assaulting and killing them, with allegations of cannibalism surfacing during trial.

Koli was convicted in 13 cases, and Pandher in two, though Pandher was later acquitted in all. Koli’s death penalty in one case was upheld by the Supreme Court in 2014, before the Allahabad High Court commuted it to life imprisonment in 2015, citing delays in his mercy plea.

With this fresh move, Koli seeks to overturn the last remaining conviction that binds him to prison.