Justice P.V. Hardas on Thursday adjourned to October 28 a hearing of the petition filed by former Goa Director of Prosecution Shobha Dhumaskar seeking a stay of corruption charges she is facing under Section 13 (2) read with Sections 13 (1) (d) (i) and (ii) of the Prevention of Corruption Act, 1988.
The trial of Ms. Dhumaskar is scheduled to start on November 1 before the Special Judge under the Prevention of Corruption Act B.P. Deshpande.
When the petition filed by Shobha Dhumaskar seeking a stay of the trial came up for hearing on Thursday, original complainant Aires Rodrigues filed his affidavit in reply opposing any stay of the trial while submitting that the Prevention of Corruption Act specifically bars and prohibits any stay of the proceedings.
On September 6, the CBI Court while rejecting the plea by the Goa Anti–Corruption branch (ACB) to close the corruption case against Ms. Dhumaskar directed her to face trial as there was sufficient material to prima facie establish commission of an offence by the former Director of Prosecution.
While seeking to close the case the ACB had informed the CBI Court that though the corruption case against Ms. Dhumaskar was true the evidence was weak to charge sheet her as the loss to the exchequer was only Rs.61, 200 and that the amount was being recovered.
On August 5, 2011 activist lawyer Aires Rodrigues had filed a complaint with the ACB against the then Director of Prosecution (DoP) alleging her of corruption and causing loss to the State exchequer.
The case was that a 76 sq mts flat at in the city was leased by the then DoP in a manner showing undue favoritism and causing loss to the State exchequer.
As the ACB declined to register the F.I.R against her, Mr. Rodrigues had moved the Court which on April 21,2012 directed the ACB to register an F.I.R against her. The ACB had later sought that the case against her be closed which was strongly opposed by Mr. Rodrigues before the CBI Court.