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Nithari Killings: After Allahabad HC's Nudge, CBI Files Autopsy Reports In Accused Surendra Koli's Appeal Against Death Penalty
Sparsh Upadhyay
8 March 2022 1:04 PM GMT
Days after the Allahabad High Court 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), the CBI yesterday submitted the copies of the post-mortem reports before the HC.The CBI has submitted the Post mortem reports in pursuance of the HC's previous order...
Days after the Allahabad High Court 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), the CBI yesterday submitted the copies of the post-mortem reports before the HC.
The CBI has submitted the Post mortem reports in pursuance of the HC's previous order wherein the Bench of Justice Manoj Misra and Justice Sameer Jain, while hearing an appeal filed by accused Surinder Koli against his conviction and sentence of the death penalty, had asked the CBI to file autopsy reports of the victims.
On Monday, after CBI filed the reports, Koli's counsel Sheeba Jose and Yug Mohit Choudhary prayed for and were allowed two weeks to seek proper instructions in the matter and the matter was posted for further hearing on 21st March, 2022.
In the meantime, the counsel for the C.B.I. has been directed to seek instruction to produce the original of the autopsy reports unless the original is part of the record of this case or connected cases or of any other court proceeding.
Case background
It may be noted 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. Against his conviction order, he moved the HC.
In his appeal, he 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 till now.
On the last date of hearing, when the matter was taken up, the Counsel Sanjay Kumar Yadav appearing for the CBI had stated that he had prepared a draft reply and the same had been sent for vetting to the department concerned but a response is awaited.
Further, when the Court had requested Mr. Yadav to give a specific date by which the response would be filed, he had 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, had 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 had ordered the CBI that if the earlier orders of the Court are not complied with by March 7, then a responsible officer of the concerned department of CBI shall have be personally present in Court to submit his explanation.
Read more about the previous case: Nithari Killings: Allahabad HC Slams CBI For Failure To Produce Autopsy Reports In Surendra Koli's Appeal Against Death Penalty
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.
