Women living of their own free will: Supreme Court closes case against Isha Foundation

The Supreme Court on Friday closed the proceedings in a Habeas Corpus petition filed by a father alleging that two of his daughters had been “brainwashed” to reside at spiritual guru Jaggi Vasudev’s Isha Yoga Centre in Coimbatore (Isha Foundation v S Kamaraj and Ors)..A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra noted both the women are major and the purpose of the Habeas Corpus plea was fulfilled after the women made clear their wishes to live at the Yoga Centre.The Court said eight years ago, the mother of the women had filed a habeas corpus plea and now the father has moved the Court. The Bench recalled it had personally spoken to the women during the last hearing."We had spoken to both the ladies and recorded. Both of them said that they are living there on free will and we need to close the habeas corpus plea," CJI Chandrachud said.Hence, it closed the Habeas Corpus case against Isha. However, the Bench made it clear that its order will not prevent police from proceeding with any other investigation. "The jurisdiction of the court under Article 226 while dealing with habeas corpus is well defined and it would be unnecessary for this court to expand the ambit. We clarify this order will not come in the way of any investigations being carried out by the police," the Court said..The Court also told the women's father that he would have to win their confidence on his own."For adult children, you have to win their confidence and now you can see writing on the wall," CJI Chandrachud remarked..The top court had on October 3 transferred the case related to Isha Foundation and the spiritual guru from the Madras High Court to itself.It had also stayed the order for police actions, after the case was mentioned for urgent listing and immediately taken on board.The issue arose after the High Court directed the Tamil Nadu government to submit details of all criminal cases registered against the Isha Foundation.This, after a man moved the Court alleging that two of his daughters aged 42 and 39 years had been “brainwashed” to reside at the Isha Yoga Centre.The top court subsequently interacted with the two women virtually in chambers and noted their claim that they were staying at the ashram voluntarily..While closing the proceedings, the top court today said the Madras High Court should not pass such general directions."We have not commented on anything other than habeas corpus and HC too should not have done that. If we elaborate this ambit then it is used by the third party...," CJI Chandrachud remarked.At this stage, Solicitor General Tushar Mehta said,"Yes... for clickbait stuff.".During the hearing earlier, the Court at the outset asked for the report it had sought from Tamil Nadu Police. Senior Advocate Siddharth Luthra, representing the State, submitted that the report has been submitted.At this stage, Senior Advocate Mukul Rohatgi, representing Isha Foundation, submitted somebody had an axe to grind against Sadhguru and in this privacy has gone for a toss. "The report is all over and they are publishing the annexures. Foreigner statements were recorded and said that there were present on their own," he submitted. Rohatgi also submitted that daughters of the man, who had moved the High Court, were very critical about the father in the report as well.Luthra then addressed the Court and pointed to certain findings in the report with regard to other violations. The Court said nothing prevents the State from taking action in accordance with law.However, the Bench also made it clear that in the present proceedings, it was only concerned with the orders passed in Habeas Corpus petition by the High Court."As a State, you must proceed in accordance with law. We are today only on the High Court order passed in a Habeas Corpus plea where statements of the two corpus were recorded and High Court should have closed the matter but it proceeded. Now they exceeded here. But as a State you can proceed," Justice Pardiwala said..In the order, the Court clarified that the closure of Habeas Corpus plea would not have affect on the regulatory compliances to be made by the Isha Foundation.The Court also orally instructed the counsel representing the Foundation to ensure the requisite compliances."When you have women and minor children, there needs to be an internal complaints committee (ICC). Idea is not to malign an organisation but there are some requirements which has to be complied with. Mr Rohatgi, you have to impress upon the institution that these have to be complied with," CJI Chandrachud said..[Read Order]