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Bombay High Court Flags Risks to Prosecutor Independence, Seeks Gharat’s Reinstatement

The bench highlighted the opaque timing of his March removal after he moved to charge a department head, noting Gharat’s willingness to resume ahead of the August 26 hearing.

Overview

  • A division bench of Justices Ravindra Ghuge and Gautam Ankhad summoned state files and questioned the March 7 notification that removed Pradeep Gharat as special public prosecutor in the Payal Tadvi suicide case
  • The court expressed concern that replacing Gharat shortly after he secured an order to add Dr Yi Ching Ling as a co-accused could deter prosecutors from acting independently in sensitive trials
  • Chief Public Prosecutor Hiten Venegaonkar told the court the government acted under CrPC authority and attributed Gharat’s removal to “miscommunication” and “loss of faith”
  • Additional Public Prosecutor S. V. Gavand informed the bench that Gharat has expressed readiness to return if the court permits his reinstatement
  • The Tadvi trial remains stalled since 2019 and the next hearing is slated for August 26 as the High Court weighs the state’s reconsideration of Gharat’s removal