Abolish Death Penalty India: Nithari accused Surinder Koli gets death penalty in sixth case (Uttar Pradesh)

Thursday, December 20, 2018

Nithari accused Surinder Koli gets death penalty in sixth case (Uttar Pradesh)

Oct 07, 2016 16:46 IST

Hindustan Times

A Central Bureau of Investigation (CBI) court in Ghaziabad on Friday awarded the death penalty to Surinder Koli in the sixth case related to the Nithari killings.

The killings were discovered in 2006 when dismembered bodies of children and women were found dumped around the Sector 31 house of Koli’s employer, Moninder Singh Pandher, in Noida. The sixth case relates to a 25-year-old domestic help from Nithari in Noida, who hailed from Nepal and had served as a domestic help at Pandher’s house before she disappeared on October 31, 2006. Koli has also been awarded the death penalty in five other cases decided earlier at Ghaziabad.

According to the charge-sheet filed by CBI, the women had stopped working at Pandher’s house in August 2006 as she was in an advanced stage of pregnancy. A day before the woman disappeared, Koli had called her outside the house and asked her to rejoin work. On October 31, 2006, she left her house at 7am and told her husband that after her work, she would go to Pandher’s house to meet Koli as he had offered her to resume work there. She never came back. Following a search, her husband and brother-in-law went to meet Koli, who told them that the woman did not come to their house.

Surinder Koli (L), accused in the Nithari serial killings, was on Friday sentenced to death by a special Central Bureau of Investigation (CBI) court. (Hindustan Times/ File Photo)

After human skulls, bones, clothes and other remains were discovered from a closed gallery behind Pandher’s house at D5, sector 31 Noida, the woman’s husband identified her salwar. A skull superimposition test also identified the victim as the 25-year-old domestic help. The hearing in this case started in 2013 and Koli was held guilty after the prosecution produced 50 witnesses. Koli was held guilty of abduction, rape, murder and destruction of evidence. Koli and Pandher were arrested in December 2006. In January 2015, the Allahabad high court commuted Koli’s sentence to life imprisonment in one case. He is lodged in Dasna jail in Ghaziabad since December 2006.

Source: https://www.hindustantimes.com/india-news/nithari-accused-surinder-koli-gets-death-penalty-in-sixth-case/story-0eDwFJdqvzuU9Gpm9XWzpO.html (Accessed 20 December 2018)

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The Death Penalty Scenario in India

India is one of the 193 countries that retains death penalty. There has always been a few imminent judges who have pronounced compelling verdicts upholding the rights of prisoners on death row. There has been increasing debate in various platforms advocating abolition of death penalty or at least to rethink sentencing policies in India. The Indian government has however always been committed to the retention of the death penalty, irrespective of their political ideology. India has voted against a United Nations General Assembly (UNGA) draft resolution on the use of death penalty, saying it goes against the statutory law of the country where an execution is carried out in the "rarest of rare" cases. India retains the death penalty as punishment for a number of crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or a mentally-retarded person and has more recently in 2013 come to include the offence of rape in certain circumstances. Most recently, there is an outrage over child rape and murder.

After observing an unofficial moratorium of 8 years in India, the Indian Government in November 2012 carried out the execution of Ajmal Kasab, convicted in the Mumbai attacks case, without public knowledge. This was followed by the secret execution of Afzal Guru, convicted in the Parliament attack case of 2001, in February 2013, under similar circumstances, without intimating his immediate family or affording a chance of judicial review. In both cases, the executions were carried out under covert operations conducted by the Government immediately upon rejection of their mercy petitions. Before these executions, the last execution to be carried out in India was that of Dhananjoy Chatterjee in 2004 who was convicted of rape and murder and which sentence was carried out after he had spent 13 years in solitary confinement. Following this, several mercy petitions of death row convicts have come to be rejected. The fear of execution of such convicts is imminent. Bolstered by the Government's unapologetic conduct and public outcry, especially in recent cases of rape and murder reported in the country, the courts are continuing to hand down death sentences at an alarming rate.

In the recent past, there have been a few empirical studies (mainly four) conducted with prisoners on death row. This has highlighted the situation of prisoners on death row.

(1) Most recently the India Exclusion Report 2017-18 found that fair trial rights and guarantees are reduced to a nullity and seeks to breach the citadel of the collective silence. It further said that Convicts on death row in India belong to groups marginalised along the axes of caste, religion, economic vulnerability and educational deprivation, and their fair trial rights, though a part of the Right to Life guaranteed by the Constitution, are invariably non-existent, a survey of 371 out of the 385 persons living under the death sentence and their families has revealed.

(2) Another study was The Death Penalty Research Project (2015) which was conceived with an aim to document the socio-economic profile of prisoners sentenced to death in India and map their experience within the criminal justice system.

There were two other academic studies that were done conducted by Dr. Reena Mary George –

(3)“Voices of prisoners surviving the death row in India” (2014) done through the University of Vienna under the guidance of Prof. Dr. Christoph Reinprecht (Sociology) and Prof. Dr. Manfred Nowak (Law and Ex-United Nations Rapporteur on Torture). George’s research highlights three salient features, namely: poverty, social exclusion and marginalisation are antecedent to death penalty; death penalty is a constructed account by the state machinery; and prisoners on death row situate dignity higher in the juxtaposition of death and dignity.

(4) Another one “Death Penalty – A Human Rights Perspective” (2009) done through the University of Mumbai under the guidance of Retired Justice Hosbet Suresh. This was a study in Maharashtra with the objectives to firstly study the impact of death penalty on the social, mental, and physical being of the inmate and secondly, to study the perception of opinion leaders on death penalty with reference to human rights. All the above reports are public documents.

According to the National Crime Records Bureau, Prison Statistics 2015, there are 101 prisoners sentenced to death. The actual figure of sentences originally awarded is much higher considering the death sentences of 49 convicts came to be commuted to life imprisonment in the said period. As of today, almost in 2019, the figures are unknown through government statistics, however, research centres claim this figure to be around 371 convicts. During the 1980s the Supreme Court sought to restrict the use of the death penalty by characterizing it as a punishment reserved only for the “rarest of the rare” cases. The doctrine has not had the desired effect. According to a former chief justice of the Delhi High Court, Rajindar Sachar: “after the rarest of rare doctrine was introduced in 1980, the Supreme Court confirmed death penalty in 40 per cent of cases in the period 1980-90 while it was 37.7 per cent between 1970 and 1980. For the high courts it rose from 59 per cent in 1970-80 to 65 per cent during 1980-90”. Over the past two decades the death penalty has been extended to include more crimes and been handed down with increasing frequency.

Most recently while commuting a sentence in Supreme Court (2018), Justice Joseph did not seek the reconsideration of the Bachan Singh judgment, but only sought to re-examine the purpose and practice of the death penalty, and whether as a punishment, it serves any goal at all. In other words, the death penalty can continue to remain constitutionally valid because of the Bachan Singh judgment, but its application in substantive cases coming before the court must be restricted to only those cases which meet the criteria laid down in that case.

While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies?

Reena Mary George

Abolish Death Penalty India

Thursday, December 20, 2018

Nithari accused Surinder Koli gets death penalty in sixth case (Uttar Pradesh)

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