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Regular-article-logo Sunday, 04 May 2025

Govt axes lawyer over sand mining

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Ramashankar Published 20.09.17, 12:00 AM

Sand workers block National Highway 30 in Patna on Tuesday to protest the ban imposed on the sale of sand. Picture by Nagendra Kumar Singh

The government has removed Gajendra Prasad as Patna public prosecutor for alleged failure to discharge his duties and forfeiting the government's endeavour to nail sand smugglers in the district.

Gajendra who was appointed to the post in 2015 was replaced on Monday. Vijay Kumar Sinha, additional public prosecutor, has been given the additional charge.

Authoritative sources said Gajendra's attitude in court benefited key players of the lucrative trade in illegal sand mining. They said the former public prosecutor did not counter the defence's plea for 'no coercive action' strongly enough in spite of sufficient evidence to show the connivance of the key players with the sand miners.

A law department letter addressed to Patna district magistrate Sanjay Agarwal, a copy of which is with The Telegraph, has said all relevant files should be handed over to Sinha. The letter has also directed the district magistrate to send a list of candidates for the public prosecutor's post after consultation with the district and sessions judge of Patna civil court.

Till further appointment, Sinha will look after the job, the letter said.

The sources added that Gajendra invited the wrath of senior police officers after several influential persons allegedly involved in sand mining either obtained bail or got orders issued from the respective court restraining police from taking legal action on them. As a result, the drive against illegal sand mining was adversely affected in the limits of Patna district.

Gajendra, however, denied the charges levelled at him and said he had had to bear the brunt of the new NDA government, as was considered to be close to RJD chief Lalu Prasad. 'The fact is that I discharged my duty with full sincerity. The bail petitions of 11 persons were rejected as I had opposed them in the court,' he told The Telegraph over phone on Tuesday. 'I was appointed additional public prosecutor in 1990. The file pertaining to my appointment on the post of public prosecutor was pending with the state government since 2010. I was finally appointed in 2015. If required, I will move the high court to seek justice.'

A senior police officer connected with the raids on illegal sand mining activities in Patna insisted: 'The mafiosi got emboldened due to lapses on the part of the public prosecutor.'

The police said names of an RJD lawmaker and his close relatives were included in the FIR lodged with Maner police station in connection with illegal sand mining. Not only that the police teams, which were assigned to check the illegal trade, were attacked by the people.

Patna senior superintendent of police Manu Maharaaj said the police have appealed against 'no coercive action' orders in the district and sessions court concerned. The decision of the higher court is pending, he said, adding that the action would be initiated against the accused.

'Total 91 people have been arrested and two dozen earthmovers seized during the special drive against illegal mining and transportation of sand in Patna and its adjoining districts,' added Maharaaj.

Director-general of police P.K. Thakur had earlier directed senior superintendents of police and SPs to lead the special drive. The deputy inspectors-general were assigned the task to monitor the operation against illegal mining.

Former public prosecutor Gajendra has meanwhile also questioned the continuation of special public prosecutor J.P. Singh even after being reprimanded by the Supreme Court for 'misconduct'. He had been assigned the task to look after the cases against jailed former Siwan MP Mohammad Shahabuddin.

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