Basic norms of collecting evidence brazenly violated: Allahabad HC on Nithari killings

Allahabad HC acquits Moninder Singh Pandher and Surendra Koli in Nithari killings, noting investigation was botched up & basic norms of collecting evidence were violated. Prosecution failed to prove guilt beyond reasonable doubt. High Court expressed disappointment at manner of probe & failure to probe possible involvement of organ trade. Loss of life of young children & women is a matter of serious concern, but that doesn't justify denial of fair trial or punishment without evidence.

Expressing "disappointment" with the Nithari killings probe, the Allahabad High Court on October 16 acquitted accused Maninder Singh Pandher and Surendra Koli noting that the investigation was "botched up" and "basic norms of collecting evidence" were "brazenly violated".

The failure of the prosecution was nothing short of a "betrayal of public trust" by responsible agencies, the High Court said.

Pandher was acquitted in two cases in which he was facing the death penalty while Koli was let off in 12 cases in which he was awarded capital punishment.

Also read: Editorial | The Nithari verdict 

"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 SK and Pandher beyond reasonable doubt, on the settled parameters of a case based on circumstantial evidence," the bench of Justices Syed Aftab Husain Rizvi and Ashwani Kumar Mishra said.

The sensational killings which came to light in December 2006 with the discovery of the skeletal remains of eight children from a drain in Nithari in Noida were initially probed by the Uttar Pradesh Police. The matter was later handed over to the Central Bureau of Investigation (CBI).

The High Court expressed "disappointment at the manner in which Nithari killings, particularly the disappearance of victim A, have been investigated".