'Consciously Decided To Follow Spiritual Path': Gujarat HC Dismisses Plea By Father Against Swami Nithyananda For Alleged Unlawful Confinement Of Daughters

The matter was listed before a division bench of Justice AY Kogje and Justice Rajendra M. Sareen.

While the final verdict is pending, Justice Kogje, in the course of the hearing, while dictating the order said, “It was recorded in the preceding para and as recorded in the earlier orders of this court the concern with regards to the well-being of the corpora were to be ascertained and accordingly the Court had declared in its order dated … that the the corpora would be available via a safe link or video conferencing.

The video conferencing was thus organized on 10.01.2024 where the corpus appeared online and attended in December by the learned advocates for the respective parties..”

Justice Kogje noted that the communication with the corpora revealed that they were not unlawfully confined. Moreover, they explicitly expressed, “they are out of their free will residing at the place and have decided to continue to reside there and follow the spiritual path which they have consciously decided to follow.”

“They have also indicated about the spiritual sessions which they undertake which are followed by many people all across the world. The court finding the same to be reliable is unable to conclude that the corpora are in any manner under any duress or influence,” Justice Kogje added.

Satisfied with the situation, Justice Kogje stated, “Though the learned advocate for the petitioner has sought to raise objections about the place from where the corpora have appeared online before this Court. However, having interviewed both the corpora, the Court is satisfied that both are adults, mature enough to understand their well being and apparently are happy at the place where they are presently residing and on their spiritual path.”

In view of the aforesaid, the Court seemed it fit to discharge the notice and dismiss the petition accordingly.

The Court directed the registry to preserve the virtual interaction with the corpora which was recorded as a part of the record of this case.

While concluding the hearing, Justice Kogje remarked, “Spiritual Roads are always lengthy.”

Background

In 2019, Janardana Sharma and his wife approached the Gujarat High Court seeking assistance in reuniting with their two daughters, whom they claimed were unlawfully confined at an ashram operated by the controversial self-styled godman.

The couple had enrolled their four daughters, aged 7 to 15, in an educational institution run by Nithyananda in Bengaluru back in 2013. Upon discovering that their daughters had been relocated to another branch of Nithyananda Dhyanpeetham called Yogini Sarvagyapeetham, situated on the premises of Delhi Public School in Ahmedabad, the parents attempted to meet them.

Allegedly, the ashram officials at Yogini Sarvagyapeetham denied access to the petitioner and his wife, prompting them to seek legal intervention. While the police successfully rescued their two younger daughters from the ashram, the elder daughters, Lopamudra (21) and Nandhitha Sharma (18), remained allegedly detained and were not permitted to meet their parents, as claimed by Sharma in his habeas corpus petition.

Following this, a habeas corpus plea was filed, urging the high court to instruct the police and other authorities to present the elder daughters, allegedly held in "illegal confinement," before the court and reunite them with their parents.

LL Citation: 2024 LiveLaw (Guj) 7