High Court Should Not Have Commented On Other Things: Supreme Court Disposes Of Habeas Corpus Petition Filed By Father Of Two Inmates Of Isha Foundation Ashram

The Supreme Court today disposed of a Special Leave Petition (SLP) against a Madras High Court's order that directed the state police to produce details of criminal cases against the Isha Foundation amid allegations of brainwashing and converting people into monks.

On the last hearing, the Court had stayed the Madras High Court's order. The Supreme Court observed during today's hearing that the Madras High Court ought not to have commented on things other than the subject matter of the Habeas Corpus, which is whether the two women inmates are in the Ashram out of their free will. On the last hearing, the Centre had also criticised the Madras High Court for its oral observations. 

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra said, "Based on the enquiry of police at the premises, all that needs to be clarified is that it was that the jurisdiction of Court under Article 226 is well-defined; it will be unnecessary for this court to expand the proceedings......This order would not come in the way of further investigation of the state in accordance with law."

The Court further clarified, "These proceedings shall not affect any regulatory compliances as required by the Isha Foundation."

At the outset, Senior Advocate Mukul Rohatgi, appearing for the Isha Foundation, informed the Bench about the Tamil Nadu police's status report. He argued that their privacy has been violated, parts of the affidavit have been taken and published by the media and that someone with an axe to grind against Sadhguru is misusing the proceedings.

"Unfortunately, the daughters are very critical of the father; they were critical here; they are critical in the report also," Rohatgi submitted. 

Solicitor General (SG) Tushar Mehta appeared for the Center and submitted, "Their (Isha Foundation's) privacy should also be taken care of."

Senior Advocate Siddharth Luthra appeared for the Tamil Nadu police. Luthra pointed out parts from the affidavit. He pointed out, "On behalf of the social welfare department...submitted their written report. In their report, they have stated that they enquired totally 45 students from Isha Home School and Samskriti randomly. They opined that there is a need for awareness programs about child helplines, children's rights, and about POCSO Act shall be implemented periodically."

Taking note of the submissions and on perusal of Tamil Nadu's affidavit, the Court noted that Geeta and Lata Kamraj are presently of the age of 39 and 42 years; they joined the ashram at 24 and 27 years respectively. The Bench also noted that the statements of the monks were: (1) voluntarily residing in an ashram; (2) free to move out of the ashram; (3) one of them participated in a 10-kilometer marathon; and (4) they are in touch with the parents.

Taking note of paragraphs of the affidavit of Tamil Nadu police, the Court said, "In view of the clear expression of both individuals are major paras 29-30, both individuals has attained majority and done when they joined the ashram. Once they have shown clear expression of voluntarily staying at the Isha Foundation, there are no further directions in the habeas corpus, and it should be closed."

The Court clarified, "We have not commented, and the High Court should not have commented on other things."

Accordingly, the Court disposed of the SLP. 

Notably, an affidavit has been filed by the Tamil Nadu police, prepared by the Superintendent of Police, Coimbatore, states that both women categorically denied their father’s claims, asserting that they were living at the ashram of their own volition. It noted that both women are highly educated and in good physical and mental health. The affidavit also stressed that they had willingly chosen the monastic path at the Isha Yoga Centre and were not under any pressure or coercion.

"The District Social Welfare Officer has submitted her report, and she opined that they enquired about 15 women workers, 10 women Brahmacharis, 18 women volunteers, and 51 women visitors, thus totally 85 women, and they had stated to the enquiry team that they are living 4 Superintendents of Police Coimbatore District taking and voluntarily there, and nobody had compelled them. As per section 4 of POSH Act, every institution has to form an internal complaints committee. But the Internal Complaints Committee, as mandated under POSH Act is not functioning properly and a notice has been served into that effect," the affidavit read. 

It further states, "Team visited the Isha Yoga Centre had followed all the measures for not disturbing the daily life of the people inside the institution, and after removing all the doubts of any tutoring or intimidation from the Petitioner foundation and in the absence of any representative from the foundation, they were enquired, and they submitted their written statements duly signed by them. All the enquiry proceedings were videographed, and all the enquiry officers were in mufti."