TCS Nashik Case: Court Denies Bail To 6 Accused, Notes Victim Was 'Vulnerable' Employee Targeted By Superiors

A sessions court in Nashik recently denied bail to five men and a woman booked in the infamous TCS Nashik BPO Case of sexual harassment and forced religious conversion case, after considering that the victim in the case was "vulnerable" and that since the accused worked as her superiors, they could tamper the evidence.

Additional Sessions Judge VV Kathare denied bail to Raza Meman, Asif Ansari, Shahrukh Kureshi, Shafi Shaikh and Tausif Attar - all of whom are booked for sexually harassing the complainant and also passing objectionable remarks against Hindu Gods.

By a separate order, Judge Kathare also denied bail to Ashwini Chainani, the Operations Manager of the company.

In his order denying bail to the five men, Judge Kathare noted that the accused men attempt develop intimacy with the complainant woman, passed lewd remarks against her, asked her very personal questions like how she satisfies her body needs, about her honeymoon location, about her undergarments and so on.

The judge noted that these accused even made objectionable comments against Hindu Gods.

"All the accused persons were aware about the vulnerable position of the victim and the targeted her. They used to pass lewd remarks on her physical appearance, tried to develop intimacy against her will by trying to touch her body parts, passed offending comments to wound her religious feeling. The victim sustained such atrocity being a new employee, apprehending loosing her job in the event of lodging complaint," Judge Kathare observed.

The recitals of the FIR clearly attributed specific overt acts against respective accused persons. "Accused pointed out what they described as shortcoming of Hindu Belief and Hindu religious by commenting that Lord Krishna was womanizer as he had married with hundreds of wives which caused deeply distressing effect on victim and the applicants have denigrated Hinduism by distorting certain mythology instances," the judge noted.

As against accused Ashwini Chainani, the judge noted that despite the victim complaining about the sexual harrasment she as subjected to by he male colleagues, accused Chainani allegedly asked the victim not to seek to be in "highlight" and also asked her to let go the accused persons.

"Despite being a member of POSH Committee/Internal Committee demonstrated insensitivity to the oral complaints lodged by the victim and thereby not only she has shielded the accused but also abetted them to continue with their acts of sexual harassment. She did not prevent the co-accused by taking appropriate action against them and waited till the crisis occurred. Her silence and insensitivity had endorsed the acts of the accused. She turned a blind eye and a deaf ear to what was happening in front of her," Judge Kathare observed

The judge noted that the victim comes from a humble background and has been serving in the company to financially support her family and for economic independence.

"In the event of lodging complaint against her superiors, she would invite adverse consequences affecting her service, career and there is further apprehension that parents, spouse of the victim would rather ask her to quit the employment in view, of allegations of sexual harassment. Therefore, delay, if any, is prima facie justified by the circumstances brought on record," the judge held, while dismissing Chainani's arguments on delayed FIR.

With these observations, the court denied bail to the six accused persons.

Click Here To Read/Download Order

Click Here To Read/Download Order