Nithari Killings: Families Left in Despair as Supreme Court Acquits Last Convict Citing Investigative Failures

In the Noida neighborhood where the notorious 2006 Nithari serial killings took place, an atmosphere of despair has descended upon victims' families following the Supreme Court's decision to acquit Surendra Koli, the sole convict in the case.

The parents of murdered children expressed profound grief and disbelief after the court ordered Koli's immediate release, stating they have now "accepted defeat" with justice remaining elusive after nearly two decades of legal proceedings.

"I have no hope now. We have accepted our defeat. The rest depends on God," said 67-year-old Jhabbulal, whose 10-year-old daughter was among the victims, speaking from his modest home in Noida's Sector 31.

The horrific case emerged on December 29, 2006, when skeletal remains of eight children were discovered in a drain behind businessman Moninder Singh Pandher's residence in Nithari. Koli, who worked as Pandher's domestic help at the time, became the central figure in the investigation.

DNA testing confirmed the identity of Jhabbulal's daughter after authorities recovered her clothes and slippers from Pandher's property. The grieving father questioned the justice system, asking, "Who killed our daughter if they were not culprits? Why were they kept in jail for so many years then?"

Jhabbulal, who earns his living by ironing clothes alongside his 60-year-old wife Sunita, revealed the financial toll the pursuit of justice had taken on his family. "I sold my Delhi plot and borrowed money at interest, hoping for justice, but nothing happened. We are poor, and now only God can help us."

The emotional wounds remain fresh for these families, with Sunita's voice trembling as she recalled, "Our daughter was just 10. Those days were horrific, and even now, remembering them brings tears. We did not get justice."

Other parents in the community shared similar sentiments, with one lamenting that the acquittal has "reopened old wounds" and made it feel "as if our children never existed."

Local residents report that fear continues to permeate the neighborhood years after the killings. The infamous D-5 bungalow where the crimes occurred now stands abandoned and overgrown, a decaying monument to unspeakable tragedy.

"Parents stopped letting their children play outside for years," a neighbor recalled. "That horror still haunts the locality."

Koli has been incarcerated in Luksar jail in Gautam Buddh Nagar for the past two years after being transferred from Ghaziabad jail. Following the Supreme Court's ruling, officials expected his release on Wednesday. Throughout his imprisonment, Koli's wife and son have regularly visited him along with other relatives.

The release process requires the court's order to be transmitted to the Ghaziabad district judge before being forwarded to Luksar jail authorities for execution.

On Tuesday, a three-judge bench led by Chief Justice B R Gavai acquitted Koli in the final pending Nithari case, which involved the alleged rape and murder of a 15-year-old girl. The court emphasized that "criminal law does not permit conviction on conjecture or on a hunch."

While acknowledging the "heinous" nature of the offenses and the "beyond measure" suffering of the victims' families, the court determined that the prosecution failed to establish guilt beyond reasonable doubt, stating that "suspicion, however grave, cannot replace proof."

The Supreme Court criticized the investigation, citing "negligence and delay" that "corroded the fact-finding process." Specifically, the judgment highlighted failures to properly secure the crime scene, delays in recording crucial disclosures, and neglect in examining material witnesses. The handling of forensic evidence was deemed inadequate, as was the follow-up on potential leads, including a possible organ trafficking connection previously identified by a government panel.

Koli's legal journey included a January 2015 Allahabad High Court decision commuting his death sentence to life imprisonment due to delays in processing his mercy plea. In October 2023, the high court acquitted both Koli and Pandher in other Nithari cases, overturning death sentences imposed by the trial court. The Supreme Court subsequently dismissed all appeals against those acquittals on July 30, 2024.