SC rejects Nithari killer's plea
President Pranab Mukherjee had in July also rejected Koli's mercy plea.
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A bench of Chief Justice H.L. Dattu, Justice Anil R. Dave and Justice S.A. Bobde, in the first open court hearing of the review petition of death sentence cases, said: "We are fully satisfied that this court has not committed any error that may persuade us to review the order" upholding his death sentence.
Referring to the argument by senior counsel Ram Jethmalani that Koli was not given proper legal assistance to defend himself, the court directed that in future the trial court will ensure that the accused in other cases be given proper legal assistance by a lawyer of expertise and who can devote time.
Jethmalani said the entire evidence relied upon by the trial court in convicting and sentencing Koli to death clearly shows that he was tormented by police to give evidence against himself and autopsy report shows that the murder of 14 children was done by medical expert precision with the alleged objective of trading in organs.
He said that in none of the 14 cases of killing was the torso of the dead recovered and referred to the autopsy report to buttress his point. He pointed to the possible dimension of organ trade in the case.
Earlier 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.
However, the court again heard his plea for the recall of this order following a Sep 2 constitution bench decision allowing an open court hearing of review petitions by a bench of three judges.
The constitution bench had said: "It (the decision of open court hearing of review petitions) 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."
The execution of Koli's death sentence that was to take place on Sep 8 was stayed at a post mid-night hearing on intervening night of Sep 7-8. Subsequently it was further stayed till Oct 29 by the court on Sep 12 as it decided to hold the open court hearing on Oct 28.
The bench of Justice H.L.Dattu (now Chief Justice) and Justice Anil R. Dave July 24 had, in a chamber hearing, rejected the review plea holding that it was moved long after his death sentence was upheld by the apex court.
President Pranab Mukherjee had in July also rejected Koli's mercy plea.
Koli's death sentence in one of the 16 cases was upheld Feb 15, 2011, by an apex court bench of Justice Markandey Katju and Justice Gyan Sudha Misra (now both retired), who held that the killings are "horrifying and barbaric" and Koli "used a definite methodology in committing these murders".
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, whose servant 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.
IANS
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