The Gujarat High Court has dismissed a man's petition seeking production and release of his two daughters who he claimed were in the illegal confinement of self-proclaimed godman and fugitive Swami Nithyananda.
In its order issued on Friday on the habeas corpus plea of Janardhana Sharma, the high court observed that his daughters are apparently happy and on a spiritual path at their place of residence.
A division bench of Justices A.Y. Kogje and Rajendra M. Sareen relied on the appearance of the man's two daughters, aged 21 and 18, before the court on January 10, 2024 via a video link wherein they indicated they were not in any "illegal confinement" as claimed in the plea, and have consciously decided to follow the "spiritual path".
Having interviewed both the corpora (the petitioner's daughters), the court is "satisfied that both are adults and mature enough to understand their well being and apparently are happy at the place where they are presently residing and on their spiritual path," it said.
"In view of the aforesaid, the court deems it fit to discharge the notice and dismiss the petition accordingly. The virtual interaction with the corpora has been recorded and the registry is directed to preserve such recordings as part of the record of the case," the HC said.
The interaction with the corpora via the video link would indicate that they were not in any illegal confinement, the court said.
It also indicated that they were residing at the place out of their free will and have decided to continue to stay there and follow the spiritual path consciously, the HC said in its order.
"They (the corpora) 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," it said.
Sharma, in his petition moved in November 2019, claimed his daughters were kept in illegal confinement at the Ahmedabad ashram of Nithyananda and that the two were abducted out of India after the godman fled the country.
The petitioner also claimed that the corpora appearing from an unrecognised country "Kailasa" via the video link, rather than presenting themselves through the Indian Embassy, does not serve the purpose of the writ of habeas corpus to ascertain their safety and whereabouts.
In 2019, Nithyananda claimed he had set up a country named "United States of Kailasa". The website of the 'fake country' counts "two billion practising Hindus" among its population.
Nithyananda is wanted in India on several charges of rape and sexual assault, but he has denied the allegations.
