TCS Nashik case: Court denies bail to 5 more accused citing victim vulnerability, evidence tampering risk

A Nashik sessions court on May 15 denied bail to five men accused in the Tata Consultancy Services (TCS) Nashik BPO sexual harassment and religious coercion case [Raza Meman & Ors v. State of Maharashtra]..Additional sessions judge VV Kathare denied bail to Raza Rafiq Meman, Asif Aftap Ansari, Shaharukh Husain Shaukat Kureshi, Shafi Bhikan Shaikh, and Tausif Bilal Attar on May 15 citing concerns that their influential nature could lead to witness tampering and evidence manipulation.The Court also emphasised vulnerability of the victim."The investigation in the matter is at the nascent stage. Considering the influential nature of the accused there is every likelihood of influencing witnesses and tampering with the prosecution evidence in the event of their release on bail,” Judge Kathare said..The Court noted that the accused were working in a superior position within the organization and the victim was a trainee employee. The prosecution alleged that the accused used to pass lewd remarks at the victim, tried to develop intimacy against her will, and passed offending comments to wound her religious feeling.“All the accused persons were aware about the vulnerable position of the victim and they targeted her. The victim sustained such atrocity being a new employee, apprehending losing her job in the event of lodging complaint,” the Court concluded. .The case involves allegations that several 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 executive – have been arrested. The prosecution has also alleged that the five accused in the present case have antecedents..The accused argued that the complaint smacked of “after thought-ness” due to delayed filing. They stated that the complaint of sexual harassment has to be routed through the accused persons who were the team leaders and the victim worked under them. Judge Kathare noted the victim came from a humble background and worked to financially support her family and for economic independence which justified the delay on her part in registering a complaint. .The five accused have multiple pending FIRs of similar nature registered against them at various police stations in Nashik, the Court observed.The allegations came to light following a sting operation where police officials reportedly disguised themselves as housekeeping staff at TCS to carry out an investigation. Nine FIRs have been registered under various sections of the Bharatiya Nyaya Sanhita, including sexual harassment, insulting religion and joint liability.Two accused, Danish Shaikh and Nida Khan, have their bail applications pending. It will be heard in the following weeks..Meanwhile, the National Commission for Women recently set up a fact-finding committee comprising retired Bombay High Court Justice Sadhna Jadhav and others to conduct an on-the-spot inquiry at the TCS Nashik facility. .The committee submitted a report to Maharashtra Chief Minister Devendra Fadnavis on May 8, describing "a deeply disturbing and toxic workplace environment marked by pervasive sexual harassment and abuse of authority at the workplace". The NCW report found that the Internal committee failed miserably to make available any safety mechanism for the employees at the workplace. “The failure to do so shall be aggressively punished to set an example. The most important factor which determined the course of events in the present case is the absence of an effective mechanism for prevention and redressal of workplace harassment at the TCS Nashik unit,” the committee has stated..The Pune based executive Ashwini Chainani was refused bail after the Court noted that despite being part of the Internal Complaints Committee (ICC), she had failed to assist the complainant in making a complaint.