A Nashik court on Monday reserved orders on the anticipatory bail plea filed by Nida Ejaz Khan, an absconding accused in the TCS Nashik BPO religious conversion and sexual harassment case.
Additional Sessions Judge KG Joshi of the Nashik Road court heard the Special Investigation Team (SIT) and Khan’s counsel at length during in-camera proceedings.
The order is likely to be pronounced on May 2. No interim protection from arrest has been granted to Khan.
The case concerns allegations that several accused persons sexually harassed women employees at TCS and attempted religious conversion. Eight persons (six men and two women) including an operations manager have been named in multiple FIRs registered at Deolali and Mumbai Naka police stations.
The complaints include allegations of sexual harassment, outraging religious sentiments, threats, public humiliation, and adverse workplace reports, as well as sexually coloured remarks directed at women employees.
Nida Khan remains the only accused yet to be arrested. The allegations against her include making derogatory references to Hindu deities.
Khan filed the anticipatory bail through advocates Rahul Kasliwal and Baba Sayyad seeking protection from arrest on grounds including her pregnancy and delay in lodging the FIR.
Her plea for interim anticipatory bail was earlier rejected by the judge on April 20.
Advocate Kasliwal today submitted that Maharashtra does not have a law criminalising forced religious conversion. He contended that the prosecution had not specified the relevant provisions under the Bharatiya Nyaya Sanhita (BNS), and that the charges pertain to hurting religious sentiments. He further argued that there is no central legislation governing forced conversions, with States enacting their own laws.
Kasliwal also relied on a Supreme Court judgment to argue that multiple FIRs arising from the same set of incidents should be investigated together, particularly when the accused and place of occurrence are common.
Special Public Prosecutor (SPP) Ajay Misar, appearing for the State, placed the investigation records, evidence and police diaries before the court.
He argued that the case involves a serious and well-planned conspiracy targeting a woman from a backward community, who was allegedly coerced and induced to believe that Islam was superior to other religions.
The prosecution submitted that the victim was shown videos and literature on Islam and was trained to wear a burqa and hijab. It also claimed that preliminary investigation pointed to possible links in Malaysia, including promises of a better lifestyle.
Further, analysis of the victim’s phone suggested potential financial transactions, making it necessary to examine Khan’s mobile phone. The prosecution clarified that these findings are at a preliminary stage.
After considering the arguments, the Court proceeded to reserve its order.
Six others accused have already been arrested in the Mumbai Naka FIRs in connection with the case. They are Shafi Shaikh, Asif Ansari, Tausif Attar, Shahrukh Qureshi, Raza Memon, and Ashwini Chainani. All of them are presently in judicial custody. Their bail applications are scheduled to be heard by Additional Sessions Judge VV Kathare on April 28.
Separately, Danish Shaikh, who is in judicial custody in a case registered at Deolali police station, had sought anticipatory bail in a related FIR at Mumbai Naka police station. The Sessions Court denied him interim relief on April 22.
He subsequently withdrew his anticipatory bail plea today and is expected to press his regular bail application which is likely to be heard on May 2.
The State was represented by SPP Misar who is leading a team of prosecutors including Kiran Bendbhar and Reshma Jadhav.
Danish approached the court through advocate Umesh Walzade while Chainani moved the court through advocate Vijay Deshpande.
The remaining accused are being represented by advocates Kasliwal and Sayyad.