TCS case: Ashwini Chainani, POSH member who told complainant to ‘drop it’, gets bail

TCS harassment case: Ashwini Chainani asked victim to ‘drop it’

While her name figures in statements made by complainants in more than one FIR, she was formally arraigned as an accused in the FIR which alleges that she did not step in despite repeated complaints.

The FIR further mentions that when the complainant repeatedly raised the issue with Chainani, she was told to “drop it”.

In the bail order, the sessions court in Nashik stated that the victim did not specify the dates when she escalated the matter to Chainani.

Additional sessions judge A V Kharkar said that the FIR shows that the role attributed to Chainani is that she did not take action on the oral complaint made by the victim, despite being duty-bound as a POSH committee member.

“What precipitates is that [her] only role is not taking cognisance of the complainant. Moreover, the victim has not specified the dates when she had escalated the matter with the applicant. Considering the nature of offence and role of the accused, she can be released on bail,” the court said.

Seeking her bail, Chainani’s lawyers argued that she was posted in Pune and had no direct supervisory control over the Nashik unit. They also argued that Ashwini Chainani was not directly connected to the alleged incidents.

They contended that the complainant had not submitted any written complaint to her, while denying allegations that she had ignored or abetted the alleged offences.

The court directed Chainani to furnish a personal bond of Rs 50,000 and imposed conditions that she shall not threaten witnesses or tamper with evidence.

The prosecution had argued that the failure of senior officials to act on complaints allowed the alleged misconduct to continue.

On Danish Shaikh’s bail plea on Monday, July 20, another court had noted that the allegations against the accused involved offending religious beliefs of one of the complainants and other staffers. The court said that sections pertaining to sexual harassment and outraging the modesty of a woman could not have been invoked just because the complainant is a man, regardless of the severity of the allegations.

The court said that the investigation is completed and Shaikh can be granted bail with conditions, including that he will not indulge in similar offences and not tamper with the evidence.

“In the backdrop of forgoing discussion vis-a-vis, the severity of offence and punishment…this court shall not be swayed away with the public outcry as sought to be highlighted by the IO,” additional sessions judge V V Kathare said.

Earlier, two other accused – Nida Khan and Tausif Akhtar – had also secured bail. The detailed order is awaited.

The nine FIRs registered by the Nashik Police name eight TCS employees. Most of the accused face allegations of sexual harassment and religious coercion.