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The distressed parents of the deceased children said they had now “given up” and left their hopes for justice in the “hands of God”.
“I have no hope now. We have accepted our defeat. The rest is up to God,” 67-year-old Jhabbulal, father of the 10-year-old victim, told PTI at his home in Noida’s Sector 31.
Also read: Nithari murder case: Supreme Court acquits Surendra Koli, accepts his curative petition
The incident came to light on December 29, 2006, with the discovery of skeletal remains of eight children from a drain behind the house of businessman Moninder Singh Pandher in Nithari, Noida. Koli was a domestic servant in Pandher’s house at that time.
Jhabbulal was identified through DNA testing after clothes and slippers of his daughter were recovered from Pandher’s house in Nithari village about 19 years ago.
“If they were not criminals then who killed our daughter? Then why were they kept in jail for so many years?” he asked. “In the hope of justice I sold my Delhi plot and borrowed money on interest, but nothing happened. We are poor, and now only God can help us.” Jhabbulal, who irons clothes for a living with his wife Sunita (60), said his family has never recovered from the shock.
“Our daughter was just 10 years old. Those days were terrible, and even now, remembering them brings tears,” said Sunita, her voice trembling. “We did not get justice.” Families like Jhabbulal said the acquittal has reopened old wounds. Another parent said, “It’s as if our children never existed.”
Locals said fear remains in the neighborhood even years after the murders. Nithari’s infamous D-5 bungalow, once the site of gruesome searches, has now become a ruin surrounded by bushes and wild plants.
“Parents have stopped letting their children play outside for years,” said one neighbor. “That terror still haunts the area.” Koli is lodged in Luxor jail of Gautam Buddh Nagar for the last two years after being transferred from Ghaziabad jail. Following the Supreme Court’s acquittal order, he is likely to be released on Wednesday (November 12), according to a police officer. Koli’s wife and son along with some other relatives visit him regularly in jail.
The official said the apex court’s order passed on Tuesday will first be sent to the Ghaziabad district judge and then sent to Luxor jail, after which the release process will be completed.
On Tuesday, a bench of Chief Justice BR Gavai and Justices Surya Kant and Vikram Nath acquitted Koli in the last pending Nithari case, observing that “criminal law does not permit conviction on presumption or presumption”.
The apex court accepted Koli’s curative plea in the case related to the alleged rape and murder of a 15-year-old girl, quashed his conviction and ordered his immediate release if he is not wanted in any other case.
The bench said that though the crimes were “heinous” and the suffering of the families was “uncontrollable”, the prosecution failed to establish the offense beyond reasonable doubt.
The court said, “Suspicion, no matter how serious, cannot take the place of evidence.” The court regretted that “negligence and delay destroyed the fact-finding process” and crucial evidence was lost due to investigative lapses.
Also read: The Supreme Court will hear in January the petition related to hanging of death row convicts.
The court also pointed out that the Nithari investigation failed to properly secure the crime scene, important revelations were not recorded promptly and neglected to examine important witnesses. It also criticized the management of forensic material and lack of follow-up on potential leads, including a possible organ trading angle previously flagged by a government panel.
In January 2015, the Allahabad High Court commuted Koli’s death sentence to life imprisonment, citing delay in deciding on his mercy plea.
In October 2023, the High Court acquitted both Koli and Pandher in other Nithari cases, overturning the death sentence awarded by the trial court. The Supreme Court later dismissed all appeals against those acquitted on July 30 this year.