Supreme Court closes proceedings against Isha Foundation


Rons Bantwal

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Supreme Court closes proceedings against Jaggi Vasudev’s Isha Foundation

The Supreme Court on Friday closed habeas corpus proceedings initiated by a 70-year-old man accusing non-profit spiritual organisation Isha Foundation founded by Sadhguru Jaggi Vasudev of holding his two daughters, aged 42 and 39, captives.

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud terminated the proceedings, which began in the Madras High Court and reached the apex court, by noting that the two women had personally assured the court in a video conference that they were living in the Isha Foundation as monks of their own free will. The women had conveyed the same thing to a Tamil Nadu Police team which had met and talked to them separately.

“You have to accept the fact that they are 42 and 39... You cannot control their lives... We are also parents... Inter-personal relationships between parents and grown-up children are never to be governed by legal suits, injunctions and actions, you have to gain their confidence. They are not minors in a custody battle,” Chief Justice Chandrachud addressed the father who was present in the courtroom with his counsel.

The Chief Justice said the court, had the women been held captives, would have exercised all the power in the world. “But once we have come to the conclusion that they are captives, we cannot compel anything,” the CJI explained.

The court refused to expand the ambit of the case beyond the habeas corpus mandate through observations made in court or in its order.

“These proceedings are not to be used to malign individuals and institutions... The moment we tend to elaborate on anything wider in today’s times there are handles used by third parties to malign...” Chief Justice Chandrachud said orally.

Solicitor General Tushar Mehta, present in court, said these were clickbait used to entice viewers.

The court refused to delve into concerns raised in a report submitted by the Tamil Nadu Police about medical equipment and the functioning of the Internal Complaints Committee (ICC) mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 at the Isha Yoga Centre in Coimbatore.

“We are not giving them a certificate. If there are breaches, they have to rectify them... Please ask the State to engage with the organisation,” Chief Justice Chandrachud orally addressed senior advocate Siddharth Luthra, appearing for the State of Tamil Nadu.

The court clarified that the closure of the habeas corpus proceedings would not affect any other regulatory compliances to be adhered to by Isha Yoga Foundation.

“Idea here is not to malign an organisation [Isha], equally there are some secular compliances which are required of you. For example, an ICC...” Chief Justice Chandrachud addressed senior advocate Mukul Rohatgi, appearing for the Foundation.

Justice JB Pardiwala, on the Bench with Justice Manoj Misra, said it was the duty of the State to ensure compliances in accordance with the law. The judge said the apex court was only concerned with the “unwarranted” order passed by the Madras High Court on September 30. The High Court had directed the police to launch an investigation into Isha on the basis of the man’s habeas corpus petition. On Isha’s appeal, the apex court had stayed police action on October 3.

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