Nithari Killings: Accused sets free from death sentence by curative petition

 

The Hon’ble Supreme Court of India recently acquitted the accused,  Surinder Koli,of the famously infamous “Nithari Killings” in a curative petition filed by him. He was convicted to sentence of death for murder of Rimpa Haldar and 12 other criminal cases in early 2005 by Trial Court, High Court and affirmed by Supreme Court in 2011.

                                                       

                               

          After more than two decades of imprisonment, Supreme Court finally set him free in exercise of inherent power laid down in Articles 129, 142, 137 and 146 of the Constitution of India on a curative petition filed by convicted petitioner.

          The top Court in exercise of curative jurisdiction released the accused petitioner by quashing all the sentences and fine imposed following the curative and inherent power as decided in the case of Rupa Ashok Hurra vs. Ashok Hurra (2002). The Constitution Bench, in this case had recognised the curative power stating that this power flows from the inherent authority of this Court to do complete justice and to protect the integrity of its judgment.

“The controlling test is whether the earlier decision produces a result that offends the conscience of this Court because of a fundamental defect in process or because of a grave miscarriage of justice. Such defects may appear where outcomes are irreconcilably inconsistent on the same substratum of facts and evidence or where material circumstances bearing on fairness and reliability were overlooked or where the guarantees of equality and due process under Articles 14 and 21 of the Constitution stand compromised” – SC says.