Nithari Killings: Allahabad HC Slams CBI For Failure To Produce Autopsy Reports In Surendra Koli's Appeal Against Death Penalty

The Allahabad High Court today slammed the Central Bureau of Investigation (CBI) for its failure to produce the post mortem reports of the victims of the Nithari case (also known as the 2006 Noida Serial Murders case). 

Essentially, the Bench of Justice Manoj Misra and Justice Sameer Jain was hearing an appeal filed by accused Surinder Koli against his conviction and sentence of the death penalty. Koli has been found guilty of rapes and murder of several children between 2005 and 2006 and has been was sentenced to death in over 10 cases.

Today, the Bench noted that Koli has moved an application under Section 91 Crpc read with Section 294 CrPC, for the production of post mortem report pertaining to one of the victims, however, despite being given several chances by the Court, the CBI had failed to produced the reports.

Today, when the matter was taken up, Counsel Sanjay Kumar Yadav appeared for the CBI and stated that he has prepared a draft reply and the same has been sent for vetting to the department concerned but a response is awaited.

Further, when the Court requested Mr. Yadav to give a specific date by which the response would be filed, he stated that the matter may be taken up on 07th March, 2022.

On this reply, the Court, while calling the approach of the CBI as casual, observed thus:

"On our question as to why there is so much delay in submitting a reply or producing postmortem report, we could not get a cogent explanation from Sri Sanjay Kumar Yadav, who represents CBI. This casual approach on the part of CBI is clearly unacceptable."

Under the circumstances, the Court directed that this matter along with other connected matters be put up on 07th March, 2022, by which date, the Court ordered, if the earlier orders of the Court are not complied with, then a responsible officer of the concerned department of CBI shall be personally present in Court to submit his explanation. 

It is believed that the infamous Nithari murders were committed between 2005 and 2006. The matter came to light when in December 2006, skeletons were found in a drain near a house in Nithari, Noida. Later on, it was found that Moninder Pandher is the owner of the house and Koli was his domestic help. 

As per the report of the Hindustan Times, the CBI registered 16 cases, charge sheeting Koli in all of them for murder, abduction, rape besides destruction of evidence, and Pandher in one for immoral trafficking. The Ghaziabad court, however, summoned Pandher in five other cases after several victims' families approached it. In 11 previous cases, the court had found Koli guilty in all and had awarded the death sentence all of which are now pending appeal in higher courts. 

Case title - Surendra Koli v. State Thru C.B.I.

Click Here To Read/Download Order