"Don't Leave Jamaica Without Informing Court": Gujarat HC Directs Sisters Who Fled India Allegedly Under Nithyananda's Influence

The Gujarat High Court on Wednesday asked the two sisters, who fled India after going missing from Rape Accused and self-styled Godman, Nithyananda's ashram in 2019, not to leave Jamaica without intimation to the Court.

This order came from the bench of Justice Sonia Gokani and Justice Mauna M. Bhatt which is presently hearing a Habeas Corpus plea filed by the father of two sisters seeking their custody alleging that they fled the country under the influence of Nithyananda.

It may be noted that on Wednesday, the Court ordered the authorities including the Central Government to make appropriate arrangements for the purpose of taking the girls to the Indian consulate in Jamaica for the purpose of producing them in the court through video-conferencing mode.

Essentially, on the previous date of the hearing, the Court had noted that the Girls, in their interaction with a Senior Advocate and in their affidavit, took the stand that if they had to appear before the High Court, they would present themselves through the permanent Indian commission in the United Nations in New York.

They had also stated about their apprehension from the father and leveled serious allegations, however, the same was strongly resisted by the advocate of the father. The girls had also cited safety concerns behind not going to the Indian embassy.

Now, on Wednesday, the ASG, after verifying from the Indian High Commission, submitted that nothing had been done for even causing apprehension in the mind of anyone. It was also informed that even the Blue Corner Notice has been dropped and therefore, there was an additional reason for the girls not to be worried or apprehensive of.

The court was further informed by the ASG that there is no extradition treaty with Jamaica, but it would take eight weeks to complete the procedure to bring them to the consulate to record their evidence.

However, the ASG ensured that while this process is on, if the girls choose to appear before the Indian High Commission, necessary protections shall be made available to them, and in no manner do they need to feel apprehensive.

In view of this, the senior counsel B. B.Naik, who is representing the girls, was asked to convey to them this aspect so that they can appear before this Court through video conference at Indian High Commission in the interregnum before the period of completing this process is over.

Significantly, the Court also reminded all concerned that once there is a direction from the Court, more particularly, of the appearance through video conferencing without insistence on physical presence, both the girls being Indian citizens although presently at Jamaica, are bound by such directions with the assurance has come from the Central Government.

In view of this, posting the matter for April 7, the ASG was asked to intimate the Indian High Commission that in the interregnum if the girls choose to appear before the Court in wake of this protective order without waiting for the period stipulated under the agreement of reciprocity necessary protection be availed to enable them to present themselves.

Appearance: PRITESH M SHAH for the Applicant No. 1. MR YOGESH LAKHANI, SR. ADV with MR. RAHUL R DHOLAKIA for the Respondent(s) No. 7. MR BB NAIK, SR. ADV. for the Respondent No. 8,9. 

Case title - JANARDHANA RAMKRISHNA SHARMA Versus STATE OF GUJARAT

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