The Supreme Court’s recent acquittal of Surendra Koli shocked the nation’s conscience in the last remaining Nithari case, is more than the legal end of a gruesome chapter; it is an index of institutional failure. The judgment has forced the system to confront a troubling question: how could the prosecution present 13 different cases arising from the same incident, arising from the same set of facts and evidence and yet produce drastically different outcomes in connected trials? The acceptance of such a fragmented prosecutorial approach by the legal system indicates a lack of structural scrutiny, where the machinery allowed each case to proceed in isolation, even when the evidence base was common.
The Court’s decision to allow Koli’s curative petition and recall its earlier orders flowed from a central reality: identical evidentiary materials—confessions recorded under Section 164 of the CrPC and alleged recoveries under Section 27 of the Evidence Act—produced diametrically opposite results in companion cases. The Supreme Court noted that the confession was recorded after nearly sixty days of uninterrupted police custody, without meaningful legal assistance, in circumstances that raised severe doubts about voluntariness. Furthermore, the so-called recoveries relied upon by the prosecution were made from open and accessible locations, not from previously unknown or concealed areas. The environment in which evidence was generated and recorded did not meet the minimum threshold of reliability that the criminal justice system demands. The consequence was inescapable: lapses of such a character made it impossible for courts to sustain a conviction consistent with the rule of law, due process and the constitutional presumption of innocence.
Recurring forensic and investigative shortcomings
The significance of the Nithari verdict lies not only in the fate of one accused and justice to other but in the spotlight, it throws on how India investigates, prosecutes and adjudicates serious criminal offences. Across the judicial system, courts have repeatedly recorded frustration at investigative casualness—crime scenes left unsealed, documentation prepared in hindsight rather than contemporaneously, poor or broken chains of custody and the absence of timely and scientifically-grounded forensic analysis. Statements obtained in prolonged custody frequently collapse under judicial scrutiny because the procedural safeguards meant to protect the accused are either misunderstood or ignored during the investigative process.
The Nithari judgment specifically noted that negligence and delay corroded critical evidentiary avenues that may have enabled investigators to identify the real perpetrator. This situation was worsened by the fact that while one conviction was upheld in a linked matter, the same accused was acquitted in multiple other cases built on identical evidence. The Supreme Court described this as going to the integrity of adjudication itself. When foundational investigative steps falter, the judiciary is left adjudicating not guilt, but the consequences of administrative failure. Judicial discomfort in such circumstances becomes a broader institutional indictment, signalling that courts are being compelled to issue verdicts based on evidence structures that had already collapsed long before they reached the courtroom.
High-profile acquittals are symptoms of a larger systemic malaise
This is not an isolated collapse. The Aarushi–Hemraj investigation demonstrated contradictory theories, compromised crime scenes, reversed conclusions, and uncontrolled media leaks that ultimately broke the credibility of the prosecution’s case. The Best Bakery trial, the Hashimpura massacre prosecution, and numerous others have revealed the fragility of investigative chains and the risk of politically influenced or directionless probes. When the State fails in the first link of the criminal process, courts must either convict on shaky evidence or acquit for want of proof beyond reasonable doubt. Ethical adjudication demands the latter, but society is left with the uneasy perception of impunity, and confidence in the system erodes.
The Nithari episode also illustrates the additional pressure caused by media trials. As Moninder Singh Pandher himself once noted, the media had already declared the accused guilty long before the trial reached its legal conclusion. Public outrage, fuelled by sensational reporting, can sometimes narrow investigative imagination and lock narratives prematurely. Recent psychiatric findings and expert commentary have also added layers of complexity that were never fully explored during the early investigative stages. When media coverage frames the discourse before the law has spoken, neutrality becomes harder to protect and the criminal process risks turning into a performance rather than a constitutionally regulated fact-finding exercise.
Decades of committees, Little movement on reform
The persistent and structural nature of these failures has been documented for nearly forty years. The National Police Commission of the 1980s, followed by the Justice Malimath Committee on Criminal Justice Reforms in 2003, multiple Law Commission reports, and various Home Ministry papers, diagnosed the same institutional shortcomings: a colonial policing framework designed for control rather than investigation, acute shortages of forensic and scientific capacity, an absence of dedicated investigative cadres, weak chain-of-custody safeguards, and a near total lack of external systems of accountability. The Malimath Committee bluntly stated that legislative tinkering alone would not achieve justice unless the investigative and prosecutorial apparatus was rebuilt structurally from the ground up.
A critical factor frequently overlooked is the severe shortage of personnel across the system. Police stations remain chronically understaffed, forensic laboratories struggle without sufficient scientific officers, prosecutors are overloaded with hundreds of cases simultaneously and subordinate courts lack adequate clerical and technical staff to support precise tracking of evidence and timelines. These failures did not arise due to intellectual confusion. They arose because successive governments, at both the Union and State level, hesitated to invest in modernising policing, building independent and well-trained forensic infrastructure, and developing prosecution as a specialised professional service rather than a career add-on.
Reform by judicial mandate has delivered limited results
In response, the judiciary has attempted to compensate for systemic inertia. The Supreme Court in Vineet Narain mandated greater insulation of investigative agencies from political influence, while the Prakash Singh judgment ordered structural police reforms, including separation of investigation from law-and-order functions and fixed tenures for senior officers. Yet practical compliance remains superficial. Many states have complied only on paper, others have delayed implementation, and some have diluted the directions so significantly that the core purpose has disappeared. Judicial mandates cannot recruit forensic scientists, modernise crime laboratories, transform digital infrastructure, or train investigators in handling cyber evidence and behavioural criminology. Lasting institutional reform demands political investment, administrative continuity, and sustained financial commitment, not merely judgments printed in law reports.
Will the new criminal codes deliver real change?
In 2023, the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam replaced their colonial predecessors. These laws recognise digital evidence, strengthen procedural timelines, introduce modern offences, and mandate scientific investigation standards. However, legislation is only as effective as the institutional capacities available to implement it. Digital evidence processes require secure data systems in police stations, certified devices, trained officers and integrity-tested storage protocols. Forensic reforms require functional regional laboratories with skilled staff, clear custody trails, standardised reporting formats and time-bound analysis. Procedural improvements assume prosecutors capable of handling complex trial strategies and scientific testimony. Early implementation reveals a mixed picture: some districts have moved swiftly, while many others continue using pre-existing methods. The country now has a modern map; what it still needs are engines that can travel on it.
What meaningful reform must now look like
If reform is to move beyond legislative symbolism, the focus must shift from statutory rearrangement to institutional engineering. India requires a permanent national cadre of scientifically trained investigators, crime scene officers, and evidence specialists operating independently from routine policing pressures. Forensic laboratories must be accredited, technologically equipped, adequately staffed, and digitally networked, with clear performance timelines. Prosecution must evolve into a dedicated career service, with independent functioning, rigorous training, measurable output benchmarks, and modern career mobility. Mandatory audio-visual recording of custodial questioning and significant searches would strengthen evidentiary credibility and insulate the system from challenges of coercion. Most importantly, failures in investigation must have institutional consequences. Internal audit mechanisms, supervisory quality checks and structured accountability frameworks should become standard, not optional. These are not idealistic ambitions but the minimum professional requirements already in practice in systems where criminal convictions reflect evidentiary certainty rather than procedural weight.
Justice must protect both the accused and the victims
Victims of crime deserve timely, fearless and scientifically grounded investigation. The accused deserve procedural fairness, legal assistance and trials free from coercion and prejudice. When police investigations collapse, truth is permanently lost. When prosecutors are overburdened and poorly supported, courts are forced to interpret weak files rather than strong facts. When judges are handed fragmented or contradictory records, the ability of the rule of law to function erodes.
The Nithari acquittal should not be read as a triumph for an accused or a defeat for the State. It is a constitutional reminder that justice cannot be manufactured inside the courtroom when everything preceding it has already broken down. Justice begins at the first phone call to the police, continues through scientific examination, proper documentation, lawful interrogation, professional prosecution and culminates only when the court is given reliable evidence capable of proving guilt beyond reasonable doubt.
What about the years lost in the meantime? What about the undertrials who remain in jail without trial, some acquitted after fifteen or twenty years, others still awaiting charges or legal representation? These questions demand answers. The Constitution guarantees not merely punishment of the guilty; it guarantees life and personal liberty as non-negotiable rights. The loss of years cannot be restored by acquittal alone. That reality, perhaps more than any legal principle, should push the nation toward urgent systemic reform.
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