3 min readOct 17, 2025 09:58 PM IST
First published on: Oct 17, 2025 at 09:58 PM IST
RAJYA SABHA MP Ujjwal Nikam has said he can continue to remain the special public prosecutor (SPP) in the murder case against accused Vijay Palande, stating that there is no provision in law which disqualifies one from taking up both. Nikam on Friday filed a reply to Palande’s application, which said that after his appointment as Rajya Sabha MP in July, Nikam cannot continue to hold any office of profit under the Government of India or the state government. Palande is facing trial for the alleged murder of Delhi-based businessman Arunkumar Tikku in 2012, along with two other murder cases.
Nikam, who has been the SPP in the case, appointed by the state in 2012, said Palande’s application, seeking his resignation, is “misconceived, arbitrary and without any rational foundation”, and sought that it should be rejected.
“…the appointment of a special public prosecutor is purely made on contract basis. I would, therefore, submit that the appointment of the advocate as the special public prosecutor is contractual agreement occupied temporarily and not holding any office permanently. There is no master-servant relationship between the special public prosecutor and the government and therefore the special public prosecutor does not hold any ‘office of profit’,” Nikam’s plea said.
Palande had cited Article 102 (1) (a) of the Constitution on the disqualifications for membership of Members of Parliament, where a person holding any office of profit other than an office declared by Parliament by law not to disqualify its holder, can be disqualified. Nikam said that the notification dated September 27, 2012, through which he was appointed as the SPP, clearly reveals that his appointment is case specific and he is not holding any office. He sought that Palande’s plea therefore be rejected.
Palande had claimed that the position of SPP is appointed by the state government and is paid from public exchequers, and qualifies as an “office of profit”. He said that Nikam can be engaged in private cases, as have several MPs who are advocates, but not as an SPP under the state government. The court will hear both sides and decide on the plea.
Nikam, who has represented the state government in several important cases in the state, had also contested the Lok Sabha elections as the BJP’s candidate from the Mumbai North Central Lok Sabha constituency last year. Before contesting, Nikam had resigned from 29 cases in the state, including the cases against Palande, and the 26/11 terror trial. However, after he lost the elections, he returned to some of these cases as SPP. Palande had then too challenged Nikam’s reinstatement in his case, stating that as he had contested as a “political candidate”, the trial may not be fair. The court had, however, rejected the plea and Nikam continued as the SPP.
Nikam, who has represented the state government in several important cases in the state, had also contested the Lok Sabha elections as the BJP’s candidate from the Mumbai North Central Lok Sabha constituency last year. (file photo) 
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