Supreme Court stays Madras High Court order against Isha Foundation, Transfers the Petition From Madras HC to itself.

Staying the order of the Madras High Court and transferring the case to itself, the Supreme Court bench presided by Chief Justice of India Dr. D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra on October 3rd, 2024, has also restrained the Tamil Nadu police from conducting any further enquiry against Jaggi Vasudev’s Isha Yoga Centre pursuant to the directions issued by the Madras High Court.

Challenging the habeas Corpus petition, Isha Foundation sought relief from the Apex court seeking to stay the order of the Madras High Court. The Supreme Court order comes as a major relief to Jaggi Vasudev’s Isha Foundation, which was in the line of fire after the Madras High Court passed an order on a habeas corpus petition filed by a father who sought a probe into the alleged illegal confinement of his two daughters within the ashram premises.

The instant order was passed by the Supreme Court on October 3, 2024, after a request for an urgent hearing was put forth by Senior Advocate Mukul Rohatgi, appearing for the Isha Foundation, who also sought a stay of the order of Madras High Court, pursuant to which around 150 police personnel entered the Foundation’s ashram and were probing every corner of the premises. He stated that such directions could not have been passed in a habeas corpus petition, especially since the two women had appeared before the High Court. 

Taking note of this, the Chief Justice of India remarked orally, "You cannot let an army or police into an establishment like this"

The bench, in its observations, notified that "Police shall not take any further action in pursuance of directions in paragraph 4 of the High Court's order,"

The Madras High Court, on September 30th, 2024, had passed an interim order on a petition of Habeas Corpus filed by a father, Dr. S. Kamaraj, who, by way of the petition sought liberty of his daughters to be set free from captivity. He also pleaded that directions may be given to the police to produce his two daughters’ who he alleged were illegally held captive within the ashram, restraining them from even communicating with their family.

The Madras High Court, in its order, had noted that, "With reference to the said allegations, Coimbatore Rural Police having jurisidiction shall conduct an enquiry and file a status report before this Court." 

The Court also observed that there were serious allegations against the institution, and sought the details of the criminal cases against the Isha Foundation. 

Following the High Court's order, a police team raided the ashram. Upon interaction with the two women, the Apex Court was given to understand from them that they were residing in the ashram voluntarily, and that nobody was detaining them. They accused their father of false allegations. After the virtual interaction between the bench and the two women, the bench recorded in the order the statement made by the two women that they are not facing any coercion in the ashram and that they are free to travel; that their parents have visited them in the ashram on several occasions. In fact, one of the women had participated in a 10-kilometre marathon run recently, the bench noted.

Additionally, the court also stated that the police team that carried out the search at the ashram had departed. 

"As regards the presence of police, the two monks state that police left the premises last night though they were there for 2 days. The petitioners state that a similar plea was filed by the mother of the two about 8 years ago in which the father also appeared. Same statement was made and thus it is submitted that second habeas corpus should not have been entertained keeping in mind the age, nature and volition of"

In view of the aforesaid averments the court directed:

• The case to 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 Supreme Court;
• Police shall not take any further action in pursuance of directions of the High Court.