SC closes habeas corpus plea against Jaggi's foundation

The Supreme Court on Friday closed the proceedings in a habeas corpus petition filed by a man who had alleged that his two daughters were held captive on the premises of spiritual leader Jaggi Vasudev's Isha Foundation in Tamil Nadu's Coimbatore.

A bench headed by Chief Justice DY Chandrachud noted that the sisters -- aged 39 and 42 -- are adults and have stated that they are residing at the ashram voluntarily and without any coercion.

A habeas corpus petition is filed seeking direction to produce before the court a person who is missing or has been illegally detained.

"Both the individuals have attained the age of majority. They were majors even when they joined the ashram. They have expressed their clear inclination to continue at the Isha Foundation at Coimbatore," said the bench, also comprising Justices J B Pardiwala and Manoj Misra.

"In this view, the purpose of the habeas corpus petition is duly fulfilled. No further directions were necessary by the high court," the bench said.

The bench noted that proceedings before it arose from an order of the Madras High Court in a petition filed by the father of the two women seeking a writ of habeas corpus.

"The jurisdiction of the court under Article 226 of the Constitution, while dealing with a habeas corpus petition, is well-defined. It would be unnecessary for this court to expand the ambit of these proceedings which arose from the habeas corpus petition filed before the high court of Judicature at Madras," it said.

"We clarify that the only aspect of the matter which has been dealt with in these proceedings pertains to the habeas corpus petition and that aspect of the matter shall stand closed," it said.

During the hearing, the bench observed that in pursuance to its October 3 direction, the police had filed a status report before it.

The bench observed during the hearing that interpersonal relationships between grown-up children, who have attained the age of majority, and their parents are never to be governed by suits for injunctions.

"If you have to truly associate with your children, you have to get their confidence. And not by filing petitions. Now, you know what the writing on the wall is," the bench told the counsel appearing for the father.

The counsel said the reason why the father had filed a habeas corpus petition in the high court was that his daughter had made a call to him that she was on fast unto death.

"However great your anguish may be, there is nothing that we can do about it because she is a major," the bench said.

"If she is held captive, then of course we have all the powers... But once we come to a conclusion that she is not being held captive, we can't compel people to meet each other," it said.

The bench clarified that the closure of these proceedings will not affect any other regulatory compliances which are required to be achieved by the Isha Foundation.

It noted the submissions of senior advocate Mukul Rohatgi, who appeared for the foundation, that any such requirements would be duly complied with in accordance with the law.

During the hearing, Rohatgi said the police had filed the status report as directed by the court.

"Unfortunately, the daughters are very critical about the father in the report also. They were critical when your lordships heard them. They are critical again. I don't want to comment on that," he said.

The bench told senior advocate Sidharth Luthra, who was appearing for the state, that both the women have said that they are living at the ashram of their own free will.

"They are adults. They have made voluntary statements. Now, within the framework of a habeas corpus petition, we have to close the habeas corpus petition," the bench said.

"These proceedings can't be just to malign people and malign institutions. We are not giving them a certificate in the sense that if there are breaches, they have to rectify those breaches," it said.

Referring to the status report, the bench said the police have spoken to the two women and they have said that they are living in the ashram of their own free will.

"When your grown-up children have become majors, you can't claim to control their lives," it observed.

The bench noted that the women had joined the ashram when they were 24 and 27 years old, respectively.

On October 3, the top court effectively halted the police probe into the alleged illegal confinement of two women at the foundation's ashram at Coimbatore in Tamil Nadu.

It also interacted with the two women in chambers through video-conferencing.

Transferring to itself the habeas corpus petition which was filed before the high court, the top court had directed the Tamil Nadu Police to not take any further action in pursuance of the high court's direction asking it to inquire into the alleged illegal confinement of the women.

The apex court had passed the order after the Isha Foundation approached it challenging the high court's order directing the Coimbatore Police to collect all case details registered against the Foundation and produce them before the court for further consideration.

The high court had on September 30 passed an interim order on a habeas corpus petition filed by the father.

The grievances of the petitioner before the high court was that the Foundation was abusing certain persons by brainwashing and converting them into monks and not even allowing their parents and relatives to meet them.