Thread by @barandbench

#SupremeCourt bench led by CJI NV Ramana to hear a plea by a doctor turned spiritual practitioner seeking the release of a 21-year-old woman, who he claimed was his “spiritual live-in partner,” from the “illegal custody” of her parents and family.

CJI SA Bobde led bench had earlier allowed the petitioner to approach the High Court so as to get a conclusive finding on whether or not there is illegal detention. #supremecourt #habeascorpus

barandbench.com/news/litigatio…

Sr Adv Gopal Sankaranarayanan: There were two judgments by HC on January 4 and 20

CJI: question is can she decide for herself. what is the conduct and history of the petitioner. How can the girl be entrusted to him?

#supremecourt

Sr Adv Gopal Sankaranarayanan: the girl who is an adult should be allowed to decide for herself. The petitioner does not want her with him

CJI: The girl is fragile state of mind. She is 21 and does not know what she is doing. The man is married with two children

Sr Adv Gopal Sankaranarayanan: an adult girl is being illegally detained by her parents. it has been held that a person who has interest in her release can file habeas corpus

CJI: There is nothing illegal detention, she is with her parents

Sr Adv Gopal Sankaranarayanan: aspect of mental health is important here. this case will set a precedent

CJI: My brothers also have the same opinion.We will not set a precedent and the case has to be seen in light of facts of the case

Justice Hrishikesh Roy: points of law is not a problem, you have proven your mettle in the Sabarimala case. The thing is the facts are such and the antecedent of the petitioner is such that it does not inspire confidence. Please try in some other case.

CJI: 1 week back we saw a case in the USA where laws, culture is different. In USA unless an adult gives a consent they cant be given treatment. Now the entire family is on the roads because of that since a mentally unstable person cannot give consent.

CJI: No parent will say that a 21 year old has a mental health issue. In India people cover up mental health issues. If you are really concerned about the girl. we can ask hc to direct the district judge to once in a while call for a report and check on the girl

Sankaranarayana: You can interact with her after a week and decide for yourself

Justice AS Bopanna: this is a case where it is clear that she should not go to the petitioner but let her loose. Rather than that its better she is with her parents.

Justice Bopanna: There was a PIL where parents were concerned about such spiritual gurus. This is a situation when only somebody in that position feels otherwise

Sankarnarayanan: Let the girl interact with you all, there are allegations of injuries being inflicted upon her by the parents

CJI: taking into account peculiar facts and circumstances we are not inclined to interfere in this matter. To satisfy ourselves we request the registrar of the high court to have district judge examine the case and interact with girl and parents and send a report to this court