The Supreme Court Today (Oct 3) stayed the directions issued by the Madras High Court directing a probe into spiritual guru Jaggi Vasudev’s Isha Foundation. The stay order was passed after the foundation approached the Supreme Court against a Madras High Court order directing the Tamil Nadu government to submit details of all criminal cases registered.
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NEW DELHI: The Supreme Court issued a stay on the Madras High Court’s directive, which had ordered a probe into spiritual leader Jaggi Vasudev’s Isha Foundation. The stay came after the Foundation approached the Supreme Court challenging the High Court’s order that required the Tamil Nadu government to submit details of all criminal cases registered against the organization.
The Supreme Court’s order was passed by a bench headed by Chief Justice of India DY Chandrachud, after Senior Advocate Mukul Rohatgi presented the matter. Rohatgi, speaking on behalf of the Isha Foundation, argued that the case involved significant concerns about religious freedom and emphasized the urgency of the matter.
He stated,
“These are issues of religious freedom. This is a very urgent and serious case. This is about Isha Foundation, there is Sadguru who is very revered and has lakhs of followers. High Court cannot start such enquiries on oral assertions.”
The case originally stemmed from a habeas corpus petition filed by S. Kamaraj, a retired professor from Coimbatore. Kamaraj alleged that his two “well-educated daughters,” aged 42 and 39, had been “brainwashed” and persuaded to live at the Isha Yoga Centre in Coimbatore.
He further claimed that the Foundation did not allow his daughters to maintain any contact with their family. Additionally, Kamaraj informed the court about several pending criminal cases and allegations of sexual harassment and misconduct involving the Isha Foundation.
Hearing the matter, Chief Justice of India DY Chandrachud noted that a doctor at the Foundation’s Ashram was recently charged with child abuse under the stringent POCSO Act and said the probe must continue. Senior Advocate Mukul Rohatgi, appearing for Isha Foundation, said the alleged incidents did not happen on its campus.
The Chief Justice then asked if the two women were online so that the bench, also comprising Justice JB Pardiwala, could speak to them. Mr Rohatgi said they were.
The Chief Justice then noted,
“The first thing is that you cannot let an army of police in the establishment like this… what we will do is ask a judicial officer to visit the premises, and talk to these two inmates.”
One of the women appeared before the court virtually and reiterated that they were at the ashram willingly. She alleged that their father had been harassing them for the past eight years.
Noting that this was a habeus corpus petition, the Chief Justice said,
“We would like to hear both monks in the chamber and come back in five minutes.”
The Chief Justice later said the women had told them that they joined the Ashram when they were 24 and 27, respectively, and were living there willingly. The court also noted that the mother of the two women had filed a similar petition eight years back.
The Madras High Court, in its deliberations, expressed doubts about Jaggi Vasudev’s actions, particularly concerning the life choices promoted by the Foundation. The court questioned,
“We want to know why a person who had given his daughter in marriage and made her settle well in life is encouraging the daughters of others to tonsure their heads and live the life of a hermitess. That is the doubt.”
Given the gravity of these concerns and the number of complaints against the Isha Foundation, the High Court felt further investigation was warranted. However, this prompted the Foundation to appeal to the Supreme Court, resulting in the current stay order.
With the Supreme Court’s intervention, the Madras High Court’s directions to the police have been temporarily halted, and further deliberations on the case are expected as the apex court takes up the matter.
Apex Court Ordered The Following
- The case shall be transferred to the Supreme Court from Madras High Court.
- Let the original petitioner appear on virtual platform or through his counsel.
- The status report of the police shall be submitted to this court (Supreme Court).
- Police shall not take any further action in pursuance of directions of the High Court.
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