The Supreme Court has issued notice to Uttar Pradesh government on a plea filed by Pappu Lal, challenging the Allahabad High Court order acquitting a death row convict Surendra Koli in 12 cases of rape and murder that took place in Nithari village, NOIDA bordering with Delhi in 2005/2006.

A bench of Justice BR Gavai, Justice Satish Chandra Sharma and Justice Sandeep Mehta issued notice to Uttar Pradesh government on Friday – May 3, 2024, and called for the records from the trial court and the High Court as well.

The High Court, while reversing the death penalty imposed on Mohinder Singh Pandher and Surendra Koli, had acquitted both of them. Koli was acquitted in 12 cases and Pandher was acquitted in 2 cases.

The Nithari killings pertain to the horrific discovery in December 2009 of body parts in a drain behind Pandher’s bungalow. The remains, were of the 16 young women and children from Nithari village, allegedly raped, killed and dismemberment of their bodies by Koli in the Pandher bungalow. Koli was in the service of Pandher.

The appeal by Pappu Lal says that the High Court has wrongly discarded medical evidence as well as the judicial confession of the accused as recorded by a Magistrate. The petition says that though the prosecution case was based on circumstantial evidence, yet, it had proved the guilt of the two – Koli and Pandher – beyond reasonable doubt.

Earlier on July 13, 2015, the Supreme Court had issued notice to Koli on the Uttar Pradesh government’s plea seeking the restoration of death sentence in Rimpa Haldar case – one of the 14 cases of rape and killings in Nithari village in NOIDA.

The Uttar Pradesh government had challenged the Allahabad High Court verdict commuting his death sentence to life imprisonment in Rimpa Haldar case on the grounds of delay in deciding his mercy petition by the President.p court had on October 28, 2014, while rejecting the Koli’s plea seeking recall of its verdict upholding his death sentence in Rimpa Haldar case had said that “we are fully satisfied that this court has not committed any error that may persuade us to review the order” upholding his death sentence.

The execution of Koli’s death sentence that was to take place on September 8, 2014, was stayed at a post mid-night hearing on intervening night of September 7 and September 8. Subsequently it was further stayed till October 29 by the court on September 12 as it decided to hold the open court hearing on October 28.

Late President Pranab Mukherjee had in July 2014 also rejected Koli’s mercy plea.