Gangster Vijay Palande has approached the Supreme Court challenging the appointment of senior advocate Ujjwal Nikam as special public prosecutor in his murder trial, citing conflict of interest due to Nikam’s recent nomination to the Rajya Sabha.
Gangster and multiple-murder accused Vijay Palande has filed a plea before the Supreme Court challenging the appointment of Ujjwal Nikam as the Special Public Prosecutor (SPP) in his ongoing criminal case, alleging that Nikam’s recent nomination to the Rajya Sabha renders him ineligible to continue in the prosecutorial role.
In his plea, Palande contended that Nikam’s continuation as SPP amounted to holding an “office of profit,” disqualifying him from prosecuting the case.
Ujjwal Nikam, a high-profile criminal lawyer known for prosecuting several major cases, had contested the 2024 Lok Sabha elections from Mumbai North Central as a BJP candidate but lost to Congress leader Varsha Gaikwad by over 16,000 votes. Despite the defeat, he was later nominated to the Rajya Sabha, the upper house of Parliament.
Palande, in his petition, argued:
“The fresh appointment of Nikam by the BJP-led government in the state is for extraneous consideration, made with mala fide intention to promote Nikam and to campaign through him.”
He alleged that Nikam’s political affiliations raise serious concerns over his impartiality and prosecutorial intent.
On February 5, a Mumbai court had rejected Palande’s application seeking Nikam’s removal. However, Palande’s petition before the top court reiterates that Nikam’s “identity, views, agenda, intention, motive — all have totally changed in the public eye,” claiming that he now represents “a favoured upper cadre leader of the BJP.”
The plea further states:
“He will now act for the agenda of the political party. He may go to any extent for getting false convictions in famous high-profile cases to make the BJP’s image in public through him, which is against the fundamental rights of the accused.”
Palande was arrested in April 2012 and has remained in judicial custody since then. He is facing trial for the alleged murders of Delhi-based businessman Arun Tikku and film producer Karankumar Kakkad. The case, which received wide media attention, is still pending trial.
The Supreme Court has not yet scheduled the matter for hearing. The plea raises critical constitutional and prosecutorial independence questions, especially concerning the role of politically affiliated prosecutors in high-profile criminal cases.
