Mumbai Court Rejects Plea Against Ujjwal Nikam’s Appointment as Special Public Prosecutor

A Mumbai Sessions Court has rejected a plea challenging the appointment of Ujjwal Nikam as Special Public Prosecutor (SPP) in a murder case, despite his current position as a Rajya Sabha Member of Parliament.

The application was filed by murder accused Vijay Palande, who argued that Nikam’s appointment should be cancelled because he is now a nominated member of the Rajya Sabha. Palande claimed that holding both positions was legally improper.

However, the court dismissed the plea. It clarified that Article 102(1)(a) of the Constitution, which deals with disqualification of MPs, does not prohibit a Member of Parliament from serving as a Special Public Prosecutor. The judge stated that the accused had misinterpreted the law.

The court further noted that under Section 24 of the Criminal Procedure Code (CrPC), the state government has the authority to appoint a Special Public Prosecutor, and such decisions fall within the government’s policy domain. The judiciary, the court said, cannot interfere without valid legal grounds.

Palande had also argued that Nikam’s political role could influence the case unfairly, but the court did not accept this contention. The accused has now reportedly approached the Supreme Court, challenging Nikam’s appointment on similar grounds.