A Nashik court observed that the allegations against TCS employee Nida Ejaz Khan form part of a systemic, organised attempt to “brainwash” a Dalit colleague and push her towards religious conversion [Nida Khan v. State of Maharashtra & Anr.]..Additional sessions judge KG Joshi made the observation while rejecting her plea for anticipatory bail in the sexual and religious harassment case.“The alleged offence seems to be a systematic plan of brainwashing of the victim with organised attempts," the order date May 2 said.The Court stressed on the scope of the probe and Khan’s alleged role. “Prima facie, it appeared that the applicant's (Nida Khan’s) role is specifically mentioned, and involvement is also seen. The magnitude of the offence is truly multi-dimensional and multi-layered,” the Court observed in its 12-page order. .Considering the seriousness of the offences, the Court opined that this was not a fit case for anticipatory bail. “Needless to say that grant of anticipatory bail to some extent, would cause interference in the sphere of investigation of an offence,” the Court concluded..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..TCS Nashik case: Sessions court denies anticipatory bail to Nida Khan.The Court noted the material placed by the prosecution as per which Khan tried to change the victim’s name, take the help of a “Malegaon party” for that purpose, and then sent her to Malaysia. “No doubt, the victim has a Constitutional right to profess any religion and have any name of her own choice, but that does not mean she should be brainwashed for the same and that too with organised plan,” the order added. .The judge also took note of the allegations that Khan aided co-accused Danish Shaikh and Tausif Attar to ‘brainwash the victim’ by teaching that Hinduism has objectionable stories and by giving her a burqa and a book on the life of Prophet Muhammad. Based on these submissions, the Court concluded that offences under Section 299 of the Bharatiya Nyaya Sanhita (malicious acts outraging religious feelings) and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were prima facie attracted. The Court described the investigation as ‘complicated and multi-dimensional’ which is why Khan’s physical custody would be necessary.Hence, it rejected the plea..[Read order]
