“Systematic Brainwashing” For Religious Conversion: Court While Denying Anticipatory Bail To Nida Khan In TCS Nashik Case

Denying anticipatory bail to Nida Khan–accused in the Tata Consultancy Service (TCS) Nashik Case containing allegations of forced religious conversion and sexual harassment, the Sessions Court said that Khan gave "burqa" to the victim, trained her for offering of "Namaz", which showed a "systematic brainwashing" of the victim. Additional Sessions Judge Kedar Joshi in his May 2 order, noted that Nida Khan, the HR of the company, helped the other male accused in the case to brainwash the victim and tried to teach that Hindu religion has "objectionable" stories. "The entire investigation shows that accused Nos.1 and 2, with the help of the applicant (Khan), tried to brainwash the victim and tried to teach that the Hindu religion has objectionable stories. They have also specifically made obscene remarks against Lord Shiva, Lord Krishna, and Brahmadeva and hurt religious sentiments. The investigation also shows that the applicant gave a 'Burqa', the accused also provided a life story book of Prophet Muhammad Paigambar. The material on record shows that the applicant used to visit the victim's house to give training regarding 'Namaz' and other daily religious observations," Judge Joshi noted in the order. The magnitude of the offense is truly multi-dimensional and multi-layered, the judge said, further adding that the material on record showee that Khan along with the co-accused tried to change the victim's name."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 material on record shows that after changing the name, the accused wanted to send her to Malaysia," the judge observed. For the purpose of changing the name, they were taking the help of the Malegaon party, the judge noted, while adding that names of some cities and countries were revealed during the investigation"Considering the applicant's involvement along with the other accused and the magnitude of the offense, custodial interrogation is necessary to go to the root of the case. On perusal of material on record, it is clear that the investigation is complicated and multi-dimensional. In these premises, the physical custody of the accused is warranted. The alleged offence seems to be systematic plan of brainwashing of the victim with organized attempts," Judge Joshi held. The judge, thus considered the gravity of the offence, the involvement of applicant and other accused with particular motive organised attempts, and the necessity of detailed investigation regarding undue influence on the victim, imbibing or forcing particular religion under threat or otherwise."Considering the seriousness and magnitude of the alleged offence, the role attributed to the applicant, and the settled legal principles, the court is of the opinion that this is not a fit case for granting anticipatory bail," the court ordered. Notably, Khan, who was initially described as an HR head and later as a tele seller has sought protection from arrest cting several grounds including the fact that she was three months pregnant. She also argued that the case was politically motivated. However, the State argued that law was equal for a normal person and also for a pregnant woman and opposed her plea.The other arrested accused are- Mohammad Danish Sheikh (booked for allegedly luring a victim under the false promise of marriage and pressured others into religious practices), Shafi Bikhan Sheikh, Raza Rafiq Memon (team leader accused of intimidating staff and making obscene remarks about female colleagues), Tausif Attar, Shahrukh Qureshi, and Asif Aftab Ansari (Senior employees implicated in various FIRs for alleged stalking, harassment, and forced religious conversion attempts.)The police also arrested Ashwin Chainani, an Operations Manager of the POSH Committee, for alleged failure to address harassment complaints.Last month the sessions court had refused to grant interim relief from arrest to Khan.Click Here To Read/Download Order

“Systematic Brainwashing” For Religious Conversion: Court While Denying Anticipatory Bail To Nida Khan In TCS Nashik Case

Narsi Benwal

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