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Synopsis

The Supreme Court of India has today closed the habeas corpus case against Sadhguru's Isha Foundation, that was filed by the father of two women who are residing at the foundation as monks.

"The jurisdiction of the court under habeas corpus is well defined and it would be unnecessary to expand the ambit.", the CJI Chandrachud led bench observed today.

The bench also comprising Justice Pardiwala and Manoj Misra has clarified that the closure of these proceedings shall not affect any regulatory compliances as required by Isha Foundation.

Notably, Solicitor General Tushar Mehta, present before court, informed the bench that the purpose of the FIR filed by the father was different from what was being reflected before the court. "Fatherly love is just a facade, this is something more than that..", the SG added.

Top Court decided to close the case before it after going through the status report filed by Coimbatore Police post the Court's recent order to the Tamil Nadu police not to take any further action against Sadhguru's Isha Foundation as was earlier directed by the Madras High Court.

High Court had directed investigation into the foundation after a habeas corpus plea was filed by the father of two women who are residing at the foundation as monks.

A status report has been filed by K Karthikeyan, working as the Superintendent of Police, Coimbatore District, Tamil Nadue on the basis of records available with them in the case pertaining to investigations being conducted into the Isha Foundation. 

This status report filed on October 16th submits that the District Social Welfare Officer has submitted her report and she opined after enquiring 15 women workers, 10 women Brahmacharis, 18 women volunteers and 15 women visitors, that they are voluntarily living at the foundation and have not been compelled.

"As per section 4 of POSH Act, every Institution has to form an Internal Complaints Committee. But the Internal Complaints Committee as mandated under POSH Act is not functioning properly and a notice has been served into that effect...", the status report further states.

Senior Advocate Mukul Rohatgi had mentioned the petition by ISHA FOUNDATION today morning which challenged the High Court's order directing an investigation into the foundation.

Notably, the court also interacted with the two monks in chambers who told the bench that they had been staying at the ashram since they were 24 and 27 respectively. "They further told us that they have been allowed to move out of the ashram from time to time. One of them even told us that she had recently participated at a 10K marathon in Hyderabad recently", the CJI recorded in the order.

Court was further told that the police officials had left the foundation yesterday after having questioned the inmates for over two days.

Police entered the Isha Foundation’s ashram in Thondamuthur on Tuesday to conduct inquiries, a day after the Madras High Court sought a report on all criminal cases registered against the foundation.

Coimbatore Rural Police had been asked to conduct an inquiry and file a report while hearing a habeas corpus petition filed by Dr S Kamaraj, a retired professor, alleging that his two daughters, Geetha Kamaraj (42) and Latha Kamaraj (39), were being held captive at the foundation in Coimbatore. 

Kamraj had alleged that the organisation was brainwashing individuals, converting them into monks, and restricting their contact with their families.

Case Title: Isha Foundation vs. Kamaraj