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.
"1 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.
The Chief Justice made it clear to counsel, "You are introducing new facts for the 1st 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.
Source: The Hindu, October 28, 2014
India Court Refuses To Review Death Penalty For Serial Killer
India's Supreme Court on Tuesday rejected a plea by a serial killer seeking review of the death sentence handed over to him.
Surender Koli, 42, was convicted of rapes and murders of young women and children at his employer's house in Delhi's Noida suburb in 2005 to 2006.
A 3-judge bench led by Chief Justice HL Dattu upheld Koli's death sentence saying they were "fully satisfied" that the supreme court had not committed any error that might persuade it to re-examine its order.
Report says Koli's last legal recourse is that of filing a curative petition, seeking a review by a larger judicial panel.
"Unless the court puts a fresh stay on his execution following the plea, Koli is likely to be hanged," it said.
Meanwhile, Koli has been sentenced to death in 5 of the 16 cases lodged against him so far.
It added that the Supreme Court, had in February, confirmed death sentence, saying "no mercy" should be shown to Koli.
President Pranab Mukherjee had also rejected his mercy plea.
Source: Leadership Nigeria, October 28, 2014
