Rajya Sabha MP Ujjwal Nikam can continue as SPP in 2012 Tikku murder case: Court

“From the appointment of learned Ujjwal Nikam, the Special Public Prosecutor, it is clear that he had been qualified for being a member of Rajya Sabha when he did not hold any office of profit. Article 102 (1)(a) nowhere states that any person shall be disqualified for being a Special Public Prosecutor if he holds any office of profit under the Government of India or any State,” additional sessions judge R J Pawar said in the order passed on February 5, made available on Tuesday.

The Article in the Constitution of India is on disqualifications for membership of an MP, which states that any person ‘if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder’, can be disqualified.

Palande had filed a plea stating that Nikam was appointed by the state government and is paid from public exchequers, therefore, the post should be considered an ‘office of profit’. He had told court that Nikam can handle private cases as a defence lawyer but not hold the office of SPP under the state government. He had also claimed that Nikam as an MP and spokesperson of ruling BJP will use ‘undue influence’, alleging that he holds a personal grudge against him as he had opposed his re-appointment in the case.

Nikam, the state government’s Law and Judiciary department, and the Director of Prosecution, had opposed the plea stating he was appointed as an SPP in 2012 and that he had tendered his resignation in April 2024 when he was contesting the Lok Sabha polls. After his defeat, Nikam had again been reappointed by an official order on May 6, 2024. The state had also said that it has the right to appoint any advocate as the SPP, since it is not a permanent office but a contractual appointment.

The court agreed with this submission and said that Palande had ‘misconceived’ the Article 102 and that the state is entitled to appoint the SPP.

“Therefore, it is seen that the court cannot interfere with policy decision of state thereby appointing learned Ujjwal Nikam as Special Public Prosecutor,” the court said.