The News Freedom
Chandigarh, October 16
Seventeen years after the killing of women and children in Nithari that shocked the nation, Allahabad High Court on Monday acquitted the main accused Surinder Koli in 12 cases. Koli’s employer Moninder Singh Pandher, co-accused in the case, was also acquitted in two cases.
While acquitting the two accused Koli and Pandher, the Allahabad High Court said in its order that “upon evaluation of the evidence led in this case, on the touchstone of fair trial guaranteed to an accused under Article 21 of the Constitution of India, we hold that prosecution has failed to prove the guilt of accused Koli and Pandher beyond reasonable doubt, on the settled parameters of a case based on circumstantial evidence. The conviction and sentence of accused
and Pandher by the court below in Sessions Trial on July 24, 2017 is reversed. The Capital criminal appeals are allowed and the accused SK and Pandher shall be released on compliance of Section 437A Cr.P.C. provided they are not required in any other case,” the Supreme Court said.
Highlighting the loopholes in the investigation and need to probe possibility of organ trade, the High Court said that the failure of investigation to probe the possible involvement of organ trade, despite specific recommendations made by the high level committee constituted by the Ministry of Women and Child Development, Government of India, in Nithari killings is nothing short of a betrayal of public trust by responsible agencies. “Loss of life of young children and ladies is a matter of serious concern particularly when their lives were brought to an end in a most inhuman manner but that, in itself, would not justify denial of fair trial to the accused nor would it justify their punishment even in the absence of evidence to implicate them” the High Court said.
Mentioning serious lapses in the investigation, the High Court further said that the investigation otherwise is botched up and basic norms of collecting evidence have been brazenly violated. It appears to us that the investigation opted for the easy course of implicating a poor servant of the house by demonizing him, without taking due care of probing more serious aspects of possible involvement of organized activity of organ trading. Inferences of many kind, including collusion etc. are probable on account of such serious lapses occasioned during investigation. However, we do not intend to express any definite opinion on these aspects and leave such issues to be examined at the appropriate level., the High Court added.
The High Court said that though the evidence in this case was voluminous but our task has been made easy by learned counsels appearing for the parties who have rendered all possible assistance to us. We shall be failing in our duty if we do not record our utmost appreciation for the assistance rendered to us by Sri Yug Mohit Chaudhary, learned Senior Counsel assisted by Ms. Payoshi Roy and Siddhartha Sharma, Advocates for the accused SK and Ms. Manisha Bhandari for accused Pandher. Their written arguments and notes, on facts, have greatly facilitated us in formulating and writing our opinion, the High Court further added.
While concluding the order the High Court said that “we conclude, holding that a fair trial has clearly eluded the accused appellants in this case. The need to have a fair 306 trial has recently been emphasized by the Supreme Court in Munna Pandey vs. State of Bihar 2023 SCC OnLine SC 1103. While referring to the statement of Harry Browne, the Court endorsed the view that “a fair trial is one in which the rules of evidence are honoured, accused has competent counsel, and the Judge enforces the proper court room procedures- a trial in which every assumption can be challenged.” the High Court added.
The High Court also said that the prosecuting agency has followed the easy course suggested by the Investigating Officer of UP Police and merely on the strength of recovery, which is not proved, and confession extracted by coercion and made under duress, which is otherwise inadmissible, a domestic servant has been made out to be the villain of Nithari killings completely overlooking the strong possibility of organ trade being the actual reason for the infamous Nithari killings.