Manas Dasgupta
NEW DELHI, Oct 3: In a big relief for spiritual leader Sadhguru Jaggi Vasudev, the Supreme Court on Thursday restrained the Tamil Nadu Police from taking “any further action” on the orders of the Madras High Court against non-profit spiritual organisation Isha Foundation founded by the Sadhguru in Coimbatore.
The Madras High Court had on September 30 asked the Tamil Nadu police to investigate cases filed against the Isha Foundation.
The order by a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud followed a petition filed by the organisation complaining that a huge contingent of police personnel had raided their ashram premises following the Madras High Court order.
The High Court had ordered the launch of an investigation into allegations raised by a man in a habeas corpus petition. The man said his two daughters, aged 42 and 39, were being held captive in the ashram. He had alleged there were also others coerced to live in the ashram.
Senior advocate Mukul Rohatgi, for the foundation, said a 500-strong police force, which he later toned down to 150, had “examined everyone and every room” of the ashram. He said such incursions affect the contours of religious freedoms. “You cannot allow the Army or the police to be let in an establishment like this,” Chief Justice Chandrachud reacted verbally.
Senior advocate Siddharth Luthra, appearing for Tamil Nadu state told the bench that the police had withdrawn from the foundation campus last night. Mr Rohatgi said the High Court, by ordering an investigation had traversed beyond the ambit of habeas corpus jurisdiction.
The High Court had passed the order despite the appearance in person of the two women before it in response to the habeas corpus plea. The duo had stated in clear terms before the High Court that they were staying in the ashram of their own free will. They had renounced and were monks. The High Court had dismissed a similar habeas corpus plea by the mother eight years ago.
Thursday saw the Supreme Court Bench retire to the judges’ chambers to have an interaction with the two women. Later when the Bench assembled, the Chief Justice informed the lawyers gathered that the women had confirmed their stay in the ashram was by their own accord.
“They do travel outside from time to time. In fact, one of them had participated in a 10-km marathon at Hyderabad,” the Chief Justice remarked orally. The Bench transferred the father’s case to itself and asked the police to file a status report ordered by the High Court in the Supreme Court and said the police should not take any action in the matter as per the high court order.
The Bench directed the father to appear in person or through a counsel either via videoconferencing or in person on the next date of hearing on October 18.
The high court’s probe order had come after retired professor S Kamaraj filed a petition, alleging that his daughters Geeta and Lata were “brainwashed to reside at Isha Yoga Centre” in Coimbatore. He alleged that the foundation did not allow them to maintain contact with their family.
Isha Foundation denied the allegations and said the two women had been staying at its premises willingly. The two women were produced in the high court, where they confirmed this. Isha Foundation also said the petitioner and others tried to trespass under the pretext of being members of a fact-finding committee.
Hearing the matter, the apex court bench noted that a doctor at the Foundation’s Ashram was recently charged with child abuse under the stringent POCSO Act and said the probe must continue. Senior Advocate Mukul Rohatgi said the alleged incidents did not happen on its campus.
The Chief Justice then asked if the two women were online so that the bench, also comprising Justice JB Pardiwala, could speak to them. Mr Rohatgi said they were. The Chief Justice then noted, “The first thing is that you cannot let an army of police in the establishment like this… what we will do is ask a judicial officer to visit the premises, and talk to these two inmates.”
One of the women appeared before the court virtually and reiterated that they were staying at the ashram willingly. She alleged that their father had been harassing them for the past eight years. Noting that this was a habeas corpus petition, the Chief Justice said, “We would like to hear both monks in the chamber and come back in five minutes.”
The Chief Justice later said the women had told them that they joined the Ashram when they were 24 and 27, respectively, and were living there willingly. The court also noted that the mother of the two women had filed a similar petition eight years back.
