New Delhi : The Supreme Court Friday extended its order putting on hold the execution of the death sentence of Nithari killer Surendra Koli till Oct 29.
Extending the stay, a bench of Chief Justice-designate Justice H.L. Dattu, Justice Anil R. Dave and Justice S.A.Bobde asked senior counsel Indira Jaisinh to place before them in bullet points the grounds on which Koli is seeking the reopening of the review of the judgement confirming his death sentence by the top court.
The court will hear Koli’s review petition Oct 28. In the meantime, the court’s registry would make available the copies of the records relating to the case including the statements of accused recorded under section 164 of the Criminal Procedure Code to Koli’s counsel.
The apex court Sep 2 while allowing an open court hearing of review petition by a bench of three judges had said: “It will also apply where a review petition is already dismissed but the death sentence is not executed so far. In such cases, the petitioners can apply for the reopening of their review petition within one month from the date of this judgment.”
This is the first case where a plea by a death row convict seeking the review of the court’s verdict upholding the death sentence would be heard in an open court by three judge bench after the Sep 2 verdict of the constitution bench.
It will also be the first case where review petition was rejected earlier but since Koli’s death sentence had not been carried out, it is being “reopened” for hearing in open court in pursuance to the verdict.
The apex court July 24 had rejected Koli’s plea seeking the recall of its Feb 15, 2011, order upholding his death sentence in one of the 16 cases of rape and killing being faced by him.
The bench of Justice Dattu and Justice had then rejected the review plea holding that it was moved long after his death sentence was upheld by the apex court. The plea for review of the Feb 15, 2011, was taken up in chamber.
President Pranab Mukherjee July this year had also rejected Koli’s mercy plea.
Koli’s death sentence in one of the 16 cases was upheld Feb 15, 2011, by a bench of Justice Markandey Katju (since retired) and Justice Gyan Sudha Misra (both retired), which held that: “The killings by the appellant Surendra Koli are horrifying and barbaric. He used a definite methodology in committing these murders”.
The case relates to the rape and murder of Rimpa Haldar.
The Nithari killings pertain to the horrific discovery in December 2009 of body parts in a drain behind the bungalow of businessman M.S. Pandher in whose service Koli was.
The remains were of the 19 young women and children from Nithari village allegedly raped and killed by Koli in the Pandher bungalow.