'Proceedings Can't Be To Malign Institutions' : Supreme Court Closes Habeas Corpus Petition Against Sadhguru's Isha Yoga Centre

The Supreme Court on Friday (October 18) closed the habeas corpus petition filed by a father alleging that his two daughters were being illegally confined at Sadhguru's Isha Yoga Centre at Coimbatore, because of the categorical statements made by the two women, who are presently aged 42 and 39 years, that they are staying at the Ashram out of their free choice.While closing the matter, the Supreme Court took exception to the Madras High Court passing directions for police enquiry on other allegations against Isha Yoga Centre in the habeas corpus petition. "Since both of them are adults and the purpose of habeas corpus was fulfilled, no further directions were needed from the High Court," the bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra noted in the order.On the previous date, the Supreme Court had transferred to itself the habeas corpus petition from the Madras High Court."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," the bench noted."These proceedings cannot be to malign people and malign institutions," CJI orally said during the hearing.The bench was hearing the challenge by Sadhguru's establishment Isha Foundation which challenged the order of the Madras High Court directing the police to conduct an inquiry inside the Ashram of 5000 residents in a habeas corpus petition. The High Court passed the order in a habeas corpus petition filed by a father alleging that his two daughters were being illegally confined in the Isha Yoga Centre.Senior Advocate Mukul Rohatgi, for the Isha Foundation, submitted that even as per the status report filed by the Tamil Nadu police, the two women monks are voluntarily staying there. The two women have told the Court also that they are staying at the Ashram out of their free choice. In that view of the matter, Rohatgi said that there was no justification for continuing the habeas corpus petition. He took exception to the High Court passing directions to the police instead of closing the habeas corpus petition."In habeas corpus, what HC has done is unwarranted, this affects us, we have lakhs of followers...." Rohatgi submitted.Senior Advocate Siddharth Luthra, for the State of Tamil Nadu, requested the bench to clarify in the order that the closure of the habeas corpus petition will not curtail the right of the police to investigate the pending cases. However, Rohatgi objected to the Court making any such observation, saying that it would be misused by persons with vested interests to target the institution. Solicitor General of India Tushar Mehta also backed Rohatgi, saying that "the FIRs are something other than what is reflected." If the Court makes any such observation, SG said that "clickbait" news articles will be published saying that the Supreme Court directed an investigation against the Centre.Following that, the bench recorded in the order : "We clarify that the only aspect dealt here pertains to the habeas corpus petition and that aspect of the matter will remain closed.""One thing which we have made clear is that we have not commented and the High Court should not have commented on other things," CJI orally said. Luthra submitted that during the police visit, certain regulatory non-compliances were noticed. There is no ICC constituted and the X-Ray machine has an expired licence, Luthra said. Following that, the bench observed in the order : "It is clarified that the closure of these proceedings will not affect any other regulatory compliance in the Isha Foundation and Mr Rohatgi states that any such requirements will be duly complied."Court interacts with the father of the monksDuring the hearing, the bench interacted with the counsel for the father of the women monks. "When you have grown children who are majors, you cannot file a complaint to control their lives," CJI told him. The counsel submitted that the habeas corpus petition was filed when his daughter told him that she was fasting unto death. In response, CJI told him that parents have to win the confidence of their adult children instead of filing a habeas petition."However grave the anguish may be, she is a major. We cannot compel her to meet someone," CJI said.When the counsel raised arguments regarding the need to investigate the conditions of the Ashram inmates, CJI expressed scepticism at his intentions."Now I have doubts whether you are appearing for a political party or you are espousing cause for your daughter, " CJI said."Fatherly love is just a facade," the Solicitor General stated. "We are old, I am 70 years old, my wife is 65. We see daily newspapers of abuse everywhere- we get nightmares of how our daughters are," the counsel said. "You got there and meet them, we will not send the police, no question of sending the police," CJI told him.The Solicitor General also vehemently objected to an intervention sought to be made by the...

'Proceedings Can't Be To Malign Institutions' : Supreme Court Closes Habeas Corpus Petition Against Sadhguru's Isha Yoga Centre

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