Nashik Court Reserves Bail Order In TCS Sexual Harassment And Religious Conversion Case

Additional Sessions Judge K.G. Joshi of the Nashik Road Court reserved the matter after hearing detailed submissions from both the prosecution and the defence.

The accused include TCS employees Danish Shaikh and Nida Khan, as well as another woman employee. All three are currently in judicial custody.

According to the prosecution, the main accused allegedly concealed his marital status and sexually exploited the complainant, a co-worker belonging to a Scheduled Caste community, on the false promise of marriage. Another co-accused has been accused of sexually harassing the complainant in the office lobby and at other places, while the woman employee has been booked for making remarks allegedly intended to hurt the complainant's religious sentiments.

The case arises out of an FIR registered at the Deolali Camp police station on March 26 under Sections 69 (sexual intercourse by employing deceitful means), 65 (sexual harassment) and 299 (deliberate and malicious acts intended to outrage religious feelings) of the Bharatiya Nyaya Sanhita, besides provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution has also alleged religious coercion. It submitted before the court that Danish Shaikh had given the complainant a religious book and a burqa, suggesting a conscious attempt to influence and convert her religious beliefs in the course of her alleged exploitation.

Opposing the bail applications, Public Prosecutor Vijay Gaikwad, assisted by the complainant's counsel Milind Kurkute and Nitin Pandit, argued that the allegations were grave and that evidence gathered during the investigation indicated sexual exploitation and religious coercion.

The prosecution further contended that the accused acted in concert and that their release on bail could result in tampering with evidence, influencing witnesses and posing a threat to the complainant's safety.

Particular objection was raised to granting bail to co-accused Nida Khan. The prosecution pointed out that she had allegedly evaded arrest for 42 days and was eventually apprehended in Chhatrapati Sambhajinagar on May 7. It argued that her previous conduct indicated a risk of absconding and that she could potentially assist the other accused in evading the legal process.

The prosecution also informed the court that the accused allegedly enjoyed the support of a political party.

Seeking bail, advocate Rahul Kasliwal, appearing for Nida Khan, primarily relied on the ground that she is pregnant. Counsel for Danish Shaikh, advocate Umesh Walzade, argued that the investigation had been completed and the chargesheet filed, rendering further custodial detention unnecessary.

The case forms part of a broader investigation by a Special Investigation Team, which is probing nine cases arising from allegations of exploitation, attempted forced religious conversion, hurting religious sentiments, molestation and mental harassment of employees at TCS's Nashik unit.

TCS has stated that it maintains a zero-tolerance policy towards harassment and coercion in any form and has suspended the employees allegedly involved in the incidents under investigation.

The Nashik Road Sessions Court will pronounce its order on the bail applications on June 25.

What has happened in the TCS Nashik case so far?

Last month, the Court had rejected the bail plea of Ashwini Chainani, a senior TCS official, who was arrested in connection with a sexual harassment case registered at Mumbai Naka Police Station in Nashik under provisions of the Bharatiya Nyaya Sanhita, 2023 and BNSS, 2023.

Recently, a fact-finding committee constituted by the National Commission for Women (NCW) has flagged what it described as a “deeply disturbing and toxic workplace environment” at the Nashik office of Tata Consultancy Services, citing allegations of sexual harassment, systemic bullying, religious denigration, and abuse of authority against women employees.