“Public prosecutors are not police prosecutors; interference unfortunate”: Amin Solkar on Maharashtra govt dropping him as SPP in gangster Gadoli encounter case

Mumbai Police have alleged the encounter was staged and that Gadoli was killed at the behest of a rival gang. Eight persons, including police officers, Gadoli’s alleged girlfriend and former model Divya Pahuja, and her mother, were named as accused. Pahuja was shot dead in Gurugram in January 2024, months after she was released on bail. Of the 195 witnesses cited, 43 were examined during the trial. The Supreme Court has made the case time-bound.

Solkar was appointed SPP on December 15, 2020, “free of cost” to the exchequer, at the request of Gadoli’s family. His removal on February 13 came months after he moved a plea to add four more Haryana Police personnel, including a DCP-rank officer, as accused. The plea was rejected in July 2025.

“Public prosecutors are not police prosecutors. A public prosecutor is expected to assist the court to see that justice is done. It is his prerogative to decide which witness needs to be examined and who does not,” Solkar told this newspaper.

He has been replaced by a regular assistant public prosecutor for the remainder of the trial, which is nearing conclusion.

Speaking to The Indian Express, Solkar said, “It is not clear why they have cancelled my appointment; I have not been given any reason. At this stage of the trial, when it was just about to be reserved for judgment, there should not have been this kind of interference from the government, or they should have fairly stated that we are cancelling it for this particular reason.”

He said he was informed of the cancellation last week. A notification issued on February 11 stated: “The Government of Maharashtra hereby cancels the appointment of Mr M Amin H Solkar as special public prosecutor for conducting the case….”

A query sent to the state law and judiciary department seeking comment did not elicit a response. Mumbai Police officials also did not provide a reason for the removal, but said they disagreed with some of the stands taken by Solkar during the trial.

Solkar is the third SPP to be removed by the state government in recent years after moving pleas to add more accused during trial.

In the abetment of suicide case of Dr Payal Tadvi, the Bombay High Court had raised concerns over the “unceremonious” removal of SPP Pradip Gharat and questioned how prosecutors could function “under the hanging sword of uncertainty” or “venture to act independently”. Gharat had moved an application under Section 319 to add the gynaecology unit head of KEM Hospital as accused. The trial has since been stayed by the high court after Tadvi’s mother challenged his removal.

In 2018, SPP Dhiraj Mirajkar was removed in the 2003 custodial death case of software engineer Khwaja Yunus after he moved to add four policemen as accused. His plea was later withdrawn by the new prosecutor.