Upholding the powers of the Tamil Nadu Commission for Protection of Child Rights to initiate proceedings on its own against Isha Foundation in Coimbatore, the Madras high court has directed it to approach the commission with its defence materials, afresh.
Justice S M Subramaniam gave the direction recently while disposing of a writ petition from the foundation, represented by its administrator, in Velliangiri in Coimbatore.
The foundation was started by Sadhguru Jaggi Vasudev in 1992. Among other things, it was running schools for children.
The commission had earlier issued summons under a relevant section of the Commission for Protection of Child Rights Act, 2005 alleging deprivation and violation of child rights, in 2016.
Hence, the present petition.
The judge said the competent authorities are bound to conduct an enquiry in a free and fair manner and by providing opportunity to the writ petitioner to establish their case in the manner known to law.
"Thus, the petitioner has to submit their explanation/objections along with the relevant documents to establish that they have not violated any of the provisions of the Statutes or infringing any of the rights of the children under the Act," the judge said and directed the Commission to issue fresh summons to Isha Foundation, fixing date and time, enabling the writ petitioner to appear and submit their explanations/objections along with documents, if any, within four weeks under the provisions of the TN Commission for Protection of Child Rights Act, 2005.
The authorities shall conduct an enquiry by affording opportunity to the writ petitioner and pass orders on merits and in accordance with law within eight weeks, the judge said.
