Justice F.M. Reis of the Bombay High Court Bench in Goa on Tuesday declined to stay the trial of former Director of Prosecution Shobha Dhumaskar, who is facing corruption charges.
When the petition filed by Ms. Dhumaskar seeking a stay of the trial came up for hearing on Tuesday, activist lawyer Aires Rodrigues opposed it while submitting before the court that the Prevention of Corruption Act specifically bars any stay of the proceedings which has also been upheld by the Supreme Court in various judgments.
She is facing charges under Section 13 (2) read with Sections 13 (1) (d) (i) & (ii) of the Prevention of Corruption Act, 1988.
Adjourning the hearing to October 23, Justice Reis directed the CBI Court to fix the next hearing of the trial to any day after October 24.
On September 6, the CBI Court, while rejecting the plea by the Anti- Corruption branch (ACB), Goa, 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, Mr. Rodrigues had filed a complaint with the ACB against Ms. Dhumaskar alleging that she had indulged in corruption and caused loss to the State exchequer.
He had drawn the attention of the ACB that a 76 sq m flat at ‘Mutual Apartments’ at Panaji was leased by the then Director of Prosecution in a manner showing undue favoritism and causing loss to the State
exchequer.
As the ACB declined to register the FIR against her, Mr. Rodrigues had moved the Court which, on April 21, 2012, directed the ACB to register an FIR against Ms. Dhumaskar.
The ACB had later sought closure of the case against Shobha Dhumaskar, which was strongly opposed by Mr. Aires Rodrigues before the CBI Court.
