New Delhi: The Supreme Court on Friday told the Isha Foundation run by Yoga Guru Jaggi Vasudev, at Coimbatore to ensure compliance with secular laws while closing proceedings arising out of a habeas corpus plea filed by a man alleging detention of his two major daughters.
"The idea is not to malign the organisation but you have to ensure comply with secular provisions. They have to rectify the breaches," a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra told senior advocates Mukul Rohatgi and V Giri, appearing for the foundation.
The court noted the two women aged now as 39 and 42 years had given their statements before this court as well as the police that they were living voluntarily and on their free will.
"Once they have expressed their clear intention, the purpose of petition is duly fulfilled, no further direction is required," the bench said.
The bench also felt it was inappropriate for the High Court to enlarge the ambit of the habeas corpus proceedings as the jurisdiction of the High Court is well defined and it was unnecessary for the High Court to expand the proceedings.
Senior advocate Sidharth Luthra, appearing for the Tamil Nadu government, submitted the closure of the proceedings should not come in the way of the state authorities with regard to non compliance with statutory provisions like operating X Ray machine without authorisation in a clinic over there and absence of Internal Complaints Committee under the POSH Act.
Solicitor General Tushar Mehta objected to intervention applications filed by third parties in the matter.
During the hearing, a counsel, representing the father of the women monks, made submissions before the bench. The CJI told the counsel that when you have grown children who are majors, you cannot file a complaint to control their lives.The bench said relationships between grown up children and parents are never governed by filing petitions and these are not minor custody issues. “However, grave the anguish maybe, but she is a major,” the bench said.
The bench also recorded Isha Foundation's statement that if there is any regulatory compliance, the foundation would comply with it earnestly.
On October 3, this court transferred proceedings conducted by the Madras High Court against Isha Foundation, to the apex court.
The Tamil Nadu police, consisting of about 150 personnel, had conducted searches at Isha Foundation Ashram, run by Yoga Guru Jaggi Vasudev, at Coimbatore on October 1 on a direction by the High Court on September 30.
The court had then interacted with two women monks aged 39 and 42 years virtually and in chambers and found that they have been living over there on their own volition and without any coercion.
In a status report, the Coimbatore Police brought on record details of cases registered in relation with Isha Foundation founded by Sadhguru Jaggi Vasudev in the past 15 years.
A multi-departmental team led by K Karthikeyan, Coimbatore Rural District Superintendent of Police, and consisting of officials from the Social Welfare Department and the District Child Protection Committee had on October 1 launched the inquiry at the sprawling premises of the Isha Foundation in Thondamuthur on the basis of the High Court's order of September 30.
The police inquiry also sought details about a case filed under the Protection of Children against Sexual Offences (Pocso) Act last week against a doctor allegedly working with the foundation.
The HC's division bench of Justices S M Subramaniam and V Sivagnanam had on Monday asked why Jaggi Vasudev was encouraging other women to shave their heads while marrying off his own daughter.