Supreme Court Upholds Acquittal of Nithari Case Accused, Leaving Families Devastated

Supreme Court Decision on Nithari Case

In a significant ruling, the Supreme Court has rejected 14 appeals from the Central Bureau of Investigation (CBI) and relatives of the victims in the notorious 2006 Nithari case, which involved the horrific serial killings of children. The court's decision, delivered on Wednesday, upheld the acquittal of Surendra Koli and Moninder Singh Pandher.

The grim details of the case emerged when skeletal remains of eight children were discovered in a drain behind Pandher's residence in Nithari, Noida, on December 29, 2006. Subsequent investigations revealed more remains, primarily belonging to impoverished children and young women who had vanished from the area. The CBI took over the investigation shortly after, leading to the recovery of additional remains.

A bench consisting of Chief Justice BR Gavai and Justices Satish Chandra Sharma and K Vinod Chandran dismissed the appeals, with the Chief Justice stating that there was no flaw in the Allahabad High Court's ruling. The CJI questioned the CBI and the victims' counsel about the supposed errors in the High Court's findings.

The Chief Justice emphasized the legal standards for admissibility of evidence, particularly regarding recoveries made without prior statements from the accused. He pointed out that evidence obtained through the accused's statements could be admissible if it led to the discovery of relevant facts.

During the proceedings, it was noted that 16 children had gone missing, with skulls and personal items found in the drain. The CJI reiterated that in appeals against acquittals, it is essential to demonstrate that the High Court's judgment was fundamentally flawed.

The Supreme Court had previously agreed to hear appeals challenging the High Court's decision to acquit Koli, following a plea from Pappu Lal, the father of one of the victims. Lal's appeal contested the High Court's October 16, 2023 ruling, which had acquitted Koli while upholding the death penalty for him in other cases.

The High Court's verdict, which reversed the death sentences for Koli and Pandher, cited the prosecution's failure to establish guilt beyond a reasonable doubt and criticized the investigation as severely mishandled. The case, which shocked the nation, involved allegations of sexual assault, murder, and even cannibalism.

The High Court highlighted procedural lapses in the recording of confessions and the collection of evidence, leading to the acquittal of both accused. In total, 19 cases were filed against them, with the CBI closing three due to insufficient evidence.