Murder case against Vijay Palande | Nikam says can continue as SPP, not an office of profit

“…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.

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