The Supreme Court on Tuesday cleared the decks for the execution of Nithari serial killer Surinder Koli after it dismissed his plea seeking review of the judgment upholding death penalty.
A Bench of Chief Justice H.L. Dattu and Justices Madan B. Lokur and A.K. Sikri dismissed the review petition after hearing Ram Jethmalani, who argued that there was gross miscarriage of justice as Koli had been falsely implicated in the case.
Mr. Jethmalani argued that Koli was convicted only on the basis of his own confession, which could not be relied upon.
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“One innocent life is more important than anything else. I am shocked that such a thing can happen in the judiciary as the prosecution had completely suppressed a vital document, viz. the autopsy report of a surgeon, which is a piece of evidence to prove Koli’s innocence,” he said.
Counsel pointed out that the surgeon, who performed the autopsy, was not examined during the trial.
He said it could be a case of organ trade and handiwork of a doctor, but an innocent person was being sent to the gallows.
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The Chief Justice made it clear to counsel, “You are introducing new facts for the first time which is not permissible under the rules. We can’t entertain this review petition and we dismiss it.”
On September 8, the apex court stayed Koli’s execution pending disposal of the review petition in an open court. On September 12, the stay was extended till Tuesday. With the dismissal of the petition, it is now open to the jail authorities to execute the death sentence.