Death sentence of Nithari killer commuted
The court passed the order on the basis of a public interest litigation filed by NGO People's Union for Democratic Rights (PUDR).
A Division Bench comprising chief justice D Y Chandrachud and Justice P K S Baghel held that execution of Koli's death sentence would be "unconstitutional as there was "inordinate delay" in deciding his mercy petition.
The PIL contended that the period elapsed in disposal of Koli's mercy petition was "3 years and 3 months" and, as such, execution of death sentence would be in violation of the Right to Life granted in Article 21 of the Constitution.
Koli was awarded deatgh sentence by a special CBI court at Ghaziabad on February 13, 2009 in connection with the sensational case.
The death warrant had fixed September 12 as the date of hanging. But its execution was stayed awaiting the apex court's decision to hear Koli's recall application which was later rejected. But the excution was stayed by the High Court on October 31 when it decided to hear the PIL, filed on October 31, last year, three days after the recall application was rejected.
Koli was arrested along with his employer Maninder Singh Pandher on December 29, 2006, after police recovered skeletons and other belongings of missing girls from the drain outside his house in Noida.
Koli had allegedly killed several girls, chopping their bodies to pieces before throwing them in the backyard and in the drain.
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