TCS Nashik case: Accused set to move court for bail, says waiting for FIR copy

The accused in the TCS Nashik BPO sexual harassment and religious coercion case are in the process of moving a Nashik court for bail and anticipatory bail.

Lawyers Baba Sayyed and Rahul Kasliwal, representing some of the accused, said they are preparing anticipatory bail application for accused Nida Khan (who is yet to be arrested) and regular bail applications for others who were arrested and are in judicial custody.

Nida Khan, initially described as an HR head and later as a sales telecaller, is in the process of approaching a Nashik court for anticipatory bail, citing her pregnancy and medical condition. Sources say the accused is waiting for a certified copy of the first information report (FIR).

A separate bail application by key accused Danish Shaikh is already pending before the additional district court in Nashik, where the court has sought a reply from the police. This plea is likely to be heard on May 2.

The case involves allegations that various accused persons sexually harassed women employees of TCS and made attempts to convert their religion, over a four-year period.

In all, eight accused – six men and two women, including a Pune‑based operations manager – have been named.

Seven have been arrested by the police, namely Shafi Shaikh, Asif Ansari, Tausif Attar, Shahrukh Qureshi, Raza Memon, Danish Shaikh and Ashwini Chainani, the operations / human resources manager. 

Raza Memon and Shafi Shaikh have been remanded to police custody till April 18, while the other accused are in judicial custody. 

Those in judicial custody are now preparing to file bail pleas. Their arguments will hinge on several points - the delay in lodging the First Information Reports (FIRs), the absence of any allegations of forcible conversion against them, and the fact that the alleged offences carry a maximum sentence of not more than seven years. Furthermore, they characterise the entire matter as a "politically cooked up case."

The case is likely to be heard by the chief judicial magistrate Rupali Narwadia at Nashik.

On April 15, the National Commission for Women (NCW) took suo motu cognisance of media reports in the matter, raising concerns that the practices at the TCS Nashik BPO unit exposed a wider conspiracy involving sexual harassment, rape and attempts at forcible religious conversion by several team leaders. 

The alleged victims said that they were subjected to personal comments about their married lives, that they were touched inappropriately, subjected to obscene advances and double‑meaning remarks, and threatened with an increased workload if they did not “play along."

Allegations of forced religious conversion were also made. A complainant alleged that two of the accused attempted to persuade her that Islam is superior to Hinduism. She also claimed that they made offensive remarks concerning a Hindu deity.

The allegations came to light following a sting operation, where police officials reportedly disguised themselves as housekeeping staff at TCS to carry an investigation.

Nine first information reports (FIRs) were registered and are being investigation by a special investigation team. The criminal provisions invoked include those under Sections 69 (sexual intercourse obtained through a false promise to marry), 75 (sexual harassment), 299 (insulting religion or religious belief), and 3(5) on constructive or joint liability, of the Bharatiya Nyaya Sanhita (BNS).

The NCW, meanwhile, has set up a fact-finding committee comprising retired Bombay High Court Justice Sadhna Jadhav, retired IPS officer BK Sinha, advocate Monika Arora, and Lilabati, a Senior Coordinator at the NCW.

The Committee is tasked with conducting an on-the-spot inquiry, primarily at the TCS Nashik facility but also at any other location deemed appropriate. 

This inquiry will involve examining the circumstances that led to the incident and the subsequent actions taken by the authorities. 

It has also been tasked with recommending remedial measures to prevent recurrence and to strengthen the safety of women at the workplace.

The committee has been allowed to fix its own schedule and procedure, but must submit its report within 10 working days and then report to the NCW.