Supreme Court stays Madras High Court order against Isha Foundation, Sadhguru on mentioning of matter

The Supreme Court on Thursday stayed police action ordered against spiritual guru Jaggi Vasudev’s Isha Foundation.

The stay order was passed after the Foundation approached the Supreme Court against a Madras High Court order directing the Tamil Nadu government to submit details of all criminal cases registered against it.

The apex court also transferred the case concerning the Foundation from the High Court to itself.

The High Court had passed the order on a habeas corpus plea filed by a man alleging that his daughters had been brainwashed into residing at the Foundation's ashram at Coimbatore.

A Bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra interacted with the two women, who stated that they were residing in the ashram of their own free will, and that nobody was detaining them.

It, therefore, ordered the following:

- The case shall be transferred to the Supreme Court from Madras High Court;

- Let the original petitioner appear on virtual platform or through his counsel;

- The status report of the police shall be submitted to Supreme Court;

- Police shall not take any further action in pursuance of directions of the High Court.

The order was passed after Senior Advocate Mukul Rohatgi mentioned the matter before the bench headed by CJI DY Chandrachud.

"These are issues of religious freedom. This is a very urgent and serious case. This is about Isha Foundation, there is Sadhguru who is very revered and has lakhs of followers. High Court cannot start such enquiries on oral assertions," he stated.

Solicitor General Tushar Mehta also supported Isha Foundation's case stating,

"The High Court should have been very circumspect. This needs your attention."

The order by the High Court was passed in a a habeas corpus petition filed by one S Kamaraj, a retired professor from Coimbatore.

Kamaraj moved had moved the High Court alleging that two of his “well-educated daughters” aged 42 and 39 years had been “brainwashed” to reside at the Isha Yoga Centre in Coimbatore.

The authorities at the Foundation did not permit them to maintain any contact with their families, Kamaraj told the High Court. He also informed the Court of several criminal cases and allegations of sexual harassment and misconduct pending against the Foundation.

The High Court said that since there are multiple criminal complaints against the Foundation, the issue deserved further deliberation.

It also expressed serious doubts about why Vasudev had given his daughter in marriage and made her settle well in life but was encouraging other women to renounce their material life.

“We want to know why a person who had given his daughter in marriage and made her settle well in life is encouraging the daughters of others to tonsure their heads and live the life of a hermitess. That is the doubt,” the Bench orally remarked.

The High Court then passed directions seeking details of criminal cases against Isha Foundation.

After the High Court order, a police party conducted a raid at the ashram.

The Foundation then moved the top court by way of appeal.

When the matter was mentioned today, Rohatgi said that such directions could not have been passed in a habeas corpus petition, especially since the two women had appeared before the High Court.

"Somebody is behind all of this. 5,000 people stay in the ashram," he said.

"The High Court has noted that POCSO case has been registered against a doctor working in the ashram," the CJI said.

"Not living...they are visiting daily basis...so many people come everyday," Rohatgi replied.

"Allegation is that 12 girls were molested in a tribal school...what is it has to do with the Isha Foundation?" Justice Pardiwala asked.

"Nothing. It is a tribal school, not in the Foundation," Rohatgi answered.

"Probe against the doctor must go on," the CJI remarked.

"I am only on the habeas corpus...it was over," Rohatgi contended.

"They (two detenues) were there (in High Court). Habeas Corpus means bring the body," the SG weighed in.

"Did the two monks appear in court?" the Court asked.

"Yes they are now also online. The High Court has interacted with the detenues," Rohatgi responded.

One of the women then appeared and said that they are at the ashram of their own volition.

"We appeared in High Court and told that we are here out of our own will and this harassment from our father side has been continuing since last 8 years," she said.

The Court then interacted with the two women in chambers. After the interaction, the Bench noted that the two women claimed that they were staying at the ashram voluntarily.

"The Court has interacted with both the individuals. During the interaction, the individuals stated that both individuals joined ashram at the age of 24 and 27. We interacted with both of them and they say they are staying voluntarily and that they are free to travel outside the ashram," the order noted.

The Court also noted that the police party which conducted a search at the ashram had left.

"As regards the presence of police, the two monks state that police left the premises last night though they were there for 2 days. The petitioners state that a similar plea was filed by the mother of the two about 8 years ago in which the father also appeared. Same statement was made and thus it is submitted that second habeas corpus should not have been entertained keeping in mind the age, nature and volition of both," the order noted.

In view of the above, the Court stayed further police action and also transferred the case from the High Court to the Supreme Court.