Nithari murders: SC allows curative plea open hearing

The Supreme Court on Monday agreed to hold an open court hearing on the curative petition filed by Nithari killings convict Surendra Koli challenging the sole order of conviction passed against him by the top court in 2011 after his recent acquittal in 12 of 13 cases of rape and murder in the shocking crime that surfaced between 2005 and 2007.

- Abraham Thomas

Koli had filed his curative plea on August 30, a month after the apex court on July 30 acquitted him in 12 cases related to the Nithari killings in Noida. The court had concluded that the prosecution failed to prove the guilt of the accused as it noted several procedural flaws in the investigation.

Advocate Payoshi Roy, representing Koli, appeared before a bench headed by Chief Justice of India (CJI) Bhushan R Gavai seeking an urgent hearing on the curative petition. Roy said, “In 12 cases he has been acquitted. However, he is still in jail due to the one case where he is convicted. His review petition had earlier been dismissed. A curative petition has now been filed.”

The CJI, sitting with justice Vinod K Chandran, said, “Both judges who passed the order in 2011 have retired by now. We will assign a bench.” Incidentally, the July 30 order acquitting Koli in the other 12 cases was passed by a bench headed by the present CJI and also included justice Chandran.