Supreme Court restrains TN Police from taking ‘further action’ against Isha Foundation

Senior advocate Mukul Rohatgi sought a stay of the High Court order, and said around 500 police officials have raided the foundation's ashram and are probing every corner.

The Supreme Court on Thursday (October 3, 2024) restrained the Tamil Nadu Police from taking “any further action” against non-profit spiritual organisation Isha Foundation founded by Sadhguru Jaggi Vasudev.

The order by a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud followed a petition filed by the organisation complaining that a huge contingent of police personnel had raided their ashram premises in Coimbatore following a Madras High Court direction on September 30.

The High Court had ordered the launch of an investigation into allegations raised by a man in a habeas corpus petition. The man said his two daughters, aged 42 and 39, were being held captive in the ashram. He had alleged there were also others coerced to live in the ashram.

Senior advocate Mukul Rohatgi, for the foundation, said a 500-strong police force, which he later toned down to 150, had “examined everyone and every room” of the ashram. He said such incursions affect the contours of religious freedoms.

“You cannot allow the Army or the police to be let in an establishment like this,” Chief Justice Chandrachud reacted verbally.

Senior advocate Siddharth Luthra, appearing for Tamil Nadu, had withdrawn from the foundation campus last night.

Mr. Rohatgi said the High Court, by ordering an investigation on September 30, had traversed beyond the ambit of habeas corpus jurisdiction.

The High Court had passed the order despite the appearance in person of the two women before it in response to the habeas corpus plea. The duo had stated in clear terms before the High Court that they were staying in the ashram of their own free will. They had renounced and were monks. The High Court had dismissed a similar habeas corpus plea by the mother eight years ago.

Thursday (October 3, 2024) saw the Supreme Court Bench retire to the judges’ chambers to have an interaction with the two women.

Later when the Bench assembled, the Chief Justice informed the lawyers gathered that the women had confirmed their stay in the ashram was by their own accord.

“They do travel outside from time to time. In fact, one of them had participated in a 10-km marathon at Hyderabad,” the Chief Justice remarked orally.

The Bench transferred the father’s case to the Supreme Court. It directed the State Police to file the status report ordered by the High Court in the Supreme Court.

The Bench directed the father to appear in person or through a counsel either via videoconferencing or in person on the next date of hearing on October 18.

Published - October 03, 2024 12:22 pm IST