Mumbai: A Nashik Sessions Court – which declined anticipatory bail to a woman employee of Tata Consultancy Services (TCS) in an alleged conversion case – has observed that the charges against her point to a ‘systematic and organised attempt’ to influence and push a female Dalit colleague towards changing her religion. Additional Sessions Judge K. G. Joshi said that the nature of accusations against the accused – Nida Ejaz Khan – pointed to a deliberated pattern rather than an isolated act. At this stage there appears to be a ‘clear reference’ to the accused’s role in the complaint and the supporting material submitted by the prosecution in the sensational case, he noted in the detailed order. Multilayered Probe “Prima facie, it appeared that the applicant’s role is specifically mentioned, and involvement is also seen. The magnitude of the offense is truly multi-dimensional and multi-layered. The material on record shows that the 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,” said Judge Joshi’s order. Considering the seriousness of the charges against her, the court held that it was not a fit case to grant protection from arrest. The case arises from complaints filed and multiple FIRs registered in Deolali and Mumbai Naka Police Stations in Nashik, against eight accused persons - six men and two women - including a senior operations manager at TCS. While 7 accused have been arrested, only Nida remains at large. Among other things the complaints alleged sexual harassment of women employees, attempts at religious conversion, humiliation, threats at the workplace, and sexual remarks. Nida is also accused of making derogatory remarks on Hindu deities and reportedly played an active role in influencing the complainant to change her faith. Malaysia Trip Planned The court referred to the prosecution’s contentions how Nida attempted to persuade the complainant to change her name and even sought assistance from individuals in Malegaon for the purpose. It further alleged that she wanted to send the complainant-victim to Malaysia as part of the broader plan in which names of several cities and countries emerged. After the entire scam erupted last month, Nida moved the court for anticipatory bail through lawyers, Rahul Kasliwal and Baba Sayyad, citing her pregnancy and delay in filing the FIR among the grounds. However, Judge Joshi said that the probe was multidimensional and multi-layered which warranted the physical custody of the accused. Right To Faith Though acknowledging that every individual has a constitutional right to choose and practice a religion of their choice, the court made it clear that such a decision must be free of coercion or manipulation. “That does not mean she (the victim) should be brainwashed for the same, and that too with an organised plan,” Judge Joshi noted. It took into account the allegations that Nida worked with co-accused Danish Shaikh and Tausif Attar to influence the complainant by criticising Hindu beliefs and providing her with religious material, including a burqa and literature on the life of Prophet Muhammad, to convince her to convert. Based on the available material, the court said offences under provisions related to outraging religious feelings and under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act appeared to be made out at this stage, and rejected Nida’s anticipatory bail plea.
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