Mumbai, 4 May 

A court in Nashik noted that there seems to be a "systematic plan" to brainwash the victim with "organised attempts" and send her to Malaysia, while refusing pre-arrest bail to TCS employee Nida Khan last week in a case related to alleged sexual harassment and forcible conversion.

"The magnitude of the offence is truly multi-dimensional and multi-layered, and the custodial interrogation was required to go to the root of the case," the court stated while terming Khan's plea "devoid of merits".

The Additional Sessions Judge (Nashik Road), KG Joshi, in the reasoned order, which became available on Monday, noted that the material on record shows that after changing the victim's name, the accused wanted to send her to Malaysia.

The court on 2 May rejected Khan's plea after the prosecution stressed the need for her custodial interrogation.

According to the FIR, Khan had allegedly advised women employees to dress and behave in accordance with Islamic traditions.

She had sought pre-arrest bail, citing her pregnancy.

A search is underway for Khan in different parts of Maharashtra, police had said.

"Prima facie, it appears that the applicant's role is specifically mentioned (in the FIR) and involvement is also seen," the order said.

The judge emphasised that undoubtedly 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 an organised plan".

In the specific case registered at Deolali police station, Khan and two other co-accused, Danish Shaikh and Tausif, who were all colleagues of the victim at TCS's Nashik unit, have been booked under relevant provisions of the Bharatiya Nyay Sanhita on charges of sexual intercourse on false promise of marriage,sexual harassment and hurting religious sentiments, among others.

They have also been charged under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

According to police, Danish Shaikh sexually assaulted the victim under false promise of marriage, while Tausif repeatedly molested her, demanding sexual favours and threatening to expose her alleged relationship with Shaikh to the woman's family.

Khan, along with both co-accused, attempted to coerce the victim into religious conversion by instilling fear in her and repeatedly offending her religious sentiments, according to the FIR.

District Government Prosecutor (DGP) A S Misar, appearing for the police, contended that the victim was compelled to follow the religious observations and daily religious routine of the accused.

The investigation shows that Khan had given a 'burqa' and books on the life of Prophet Mohammad to the victim. She had also installed mobile applications of Muslim tenets and religious activities, Misar submitted.

Citing the investigation, he contended that the victim's name was to be changed to Haniya, and she was to be sent to Malaysia.

In these circumstances, custodial interrogation is necessary to investigate whether any international syndicate is involved and whether the applicant (Khan) is connected to the same, he submitted.

Advocates M G Kurkute and Nitin Pandit, appearing for the victim, argued that the accused used undue influence of their positions in the company to force the victim to follow their religion.

They (the accused) compelled her to eat non-vegetarian food by hurting her sentiments and also humiliated the victim in the office regarding her caste, they said.

Khan's advocate, Rahul Kasliwal, contended that since the victim and the applicant were serving in the same office, they knew each other and met daily.

The applicant never hurt the victim’s religious sentiments, he argued.

Citing Khan's three-month pregnancy, Kasliwal argued that if arrested, irreparable loss would be caused to the child.

The court stated that the investigation points towards Khan's involvement, and her role is clearly mentioned in the FIR.

The FIR specifically mentioned the role of Khan and other accused who narrated objectionable stories against the deities of the Hindu religion and hurt her religious feelings, it said.

"The alleged offence seems to be a systematic plan of brainwashing of the victim with organised attempts," the court stated.

The judge further stated that the "grant of anticipatory bail to some extent, would cause interference in the sphere of investigation of an offence".

The court underlined that a detailed investigation regarding undue influence on the victim, imbibing or forcing a particular religion under threat or otherwise, was necessary.

"Considering the seriousness and magnitude of the alleged offence, the role attributed to the applicant, and the settled legal principles, it's not a fit case for pre-arrest bail," the order stated.

A Special Investigation Team (SIT) is probing a total of nine cases registered in connection with the alleged exploitation, attempt of forceful conversion, hurting religious sentiments, molestation and mental harassment of female employees at the TCS unit.

The SIT has arrested eight persons, including a female operations manager.

TCS has clarified that it has adopted a zero-tolerance policy towards harassment and coercion of any form for a long time, and the employees allegedly involved in sexual harassment at the Nashik office have been suspended.