Multiple murder accused Vijay Palande has approached a sessions court in Mumbai, seeking the removal of Ujjwal Nikam as special public prosecutor (SPP) in his ongoing case. Palande argued that Nikam’s recent position as a Rajya Sabha MP creates a conflict of interest and undermines the fairness of the trial.
Palande, convicted earlier in the high-profile murders of businessman Arunkumar Tikku and film producer Karankumar Kakkar, is already serving a life sentence. However, he continues to face trial in related cases. Nikam, one of India’s most prominent prosecutors, has represented the state in several of these matters for years.
In his petition, Palande claimed that Nikam’s dual role—serving as both an elected MP and a government-appointed special prosecutor—grants him undue influence over investigative agencies and could tilt the scales against the accused. He described the situation as a “David versus Goliath” battle, saying that the principle of natural justice requires a level playing field.
Nikam had earlier stepped down from the prosecutor’s role in April 2024 while contesting the Lok Sabha elections. After his defeat, the Maharashtra government reappointed him as SPP. However, following his subsequent election to the Rajya Sabha, Palande has once again raised objections, asserting that constitutional norms do not allow an MP to hold such a prosecutorial position.
The sessions court has admitted the plea and directed both Nikam and the state government to respond. The matter is scheduled for hearing on September 26, 2025.
Legal experts say the case could raise important questions about separation of powers and the compatibility of parliamentary duties with roles that require legal independence. While MPs are free to practice law in private capacity, acting as a state-appointed prosecutor while holding office may be challenged as a conflict of interest.
