The Supreme Court on Friday, October 18 closed the habeas corpus petition filed by a father against Jaggi Vasudev’s Isha Foundation alleging that his two daughters were illegally confined at the Yoga Centre in Coimbatore.
“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 said in the order, according to Live Law.
Isha Foundation had moved the apex court challenging the Madras High Court order directing police to conduct inquiry inside the Yoga Centre, which has around 5,000 inmates.
The father S Kamaraj had alleged that his daughters – Geetha Kamaraj @ Maa Mathi (42) and Latha Kamaraj @ Maa Maayu (39) – were held as captives by Isha Foundation. He also added that ‘certain persons’ were being brainwashed and converted as monks and not allowed to meet their family members. He had also alleged that a doctor working at the foundation was arrested in a case under the Protection of Children from Sexual Offences (POCSO) Act.
On Friday, Senior advocate Mukul Rohtagi argued that the status report filed by Tamil Nadu police states that the women were staying at the yoga centre on their own consent. “In habeas corpus, what HC has done is unwarranted, this affects us, we have lakhs of followers…,” LiveLaw quoted him telling the Supreme Court bench led by Chief Justice DY Chandrachud.
During the hearing, the CJI told the father that he cannot file a complaint to control the lives of his children who are majors. In response to this the counsel said that the habeas corpus plea was filed when one of his daughters announced of fasting unto death. The court said that the parents have to win the confidence of their adult children instead of filing a habeas corpus petition.
"For adult children, you have to win their confidence and now you can see writing on the wall," CJI Chandrachud was quoted as saying by Bar and Bench.
However, the counsel argued the need to investigate the conditions of the Ashram inmates, for which the court rebuked: “Now I have doubts whether you are appearing for a political party or you are espousing cause for your daughter.”
The apex court clarified that they have only closed the habeas corpus petition, suggesting that the police are free to investigate other pending cases against Isha Foundation.
CJI Chandrachud orally said the Madras High Court should not have commented on other things [not pertaining to the petition]. The Madras High Court on September 30 had directed the Tamil Nadu government and the state police to collect details of criminal cases registered against Isha Foundation.
Earlier, the counsel for the Tamil Nadu government told the bench that the police had found “certain regulatory non-compliances” when they visited the centre on October 1. A 23-page status report was submitted by the police at the Supreme Court, which detailed the cases against the foundation.
According to the police, six people had gone missing from the centre. Of the six cases, five were closed by the police as “further action was dropped”. One case is still under investigation as the missing person has not been traced. Seven cases have been registered under Section 174 of the Code of Criminal Procedure, 1973 (Police to enquire and report on suicide).
Two of the cases are under investigation awaiting forensic lab report, the police said. A case regarding a crematorium was filed at the Madras HC, one POCSO case was filed against a doctor employed by ‘Isha Outreach’ and a complaint filed by a woman from New Delhi, which is now withdrawn.
The report noted that the Internal Complaints Committee (ICC) at the centre mandated under the Prevention of Sexual Harassment (POSH) Act was not functioning properly. Other cases include one of land encroachment and another of medical equipment which had passed its expiry date.
The Court also instructed the counsel representing the Isha Foundation to ensure that they have an ICC at the Foundation as mandated by law.
“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…” CJI Chandrachud said.
The Kerala High Court, in December 2023, had similarly closed a habeas Corpus petition which was filed by the father of Hadiya, who converted to Islam and got married to a Muslim man.
Following her conversion to Islam in 2016, allegations of love jihad — a bogey used by the right wing that Muslim men are luring Hindu women — surfaced. The Kerala High Court closed the habeas Corpus petition and noted that Hadiya was living freely and not under “illegal custody”. Hadiya’s marriage in 2016 to Shafin Jahan was controversial, which even led to the annulment of their marriage in 2017 by the Kerala HC. The Supreme Court had to interfere and set aside the HC order, upholding the personal choice of a woman to choose her life partner.
