Gujarat HC Dismisses Father's Plea for Release of Daughters allegedly Held by Swami Nithyananda

Gujarat HC Dismisses Father's Plea for Release of Daughters allegedly Held by Swami Nithyananda

The Gujarat High Court has rejected a man's plea for the production and release of his two daughters, whom he alleged were unlawfully confined by self-proclaimed godman and fugitive Swami Nithyananda.

In its order issued on Friday regarding Janardhana Sharma's habeas corpus petition, the high court noted that his daughters appear to be content and pursuing a spiritual journey at their current place of residence.

Relying on the testimony of the man's two daughters, aged 21 and 18, who appeared before the court via video link on January 10, 2024, a division bench of Justices AY Kogje and Rajendra M Sareen noted that the daughters affirmed they were not subjected to "illegal confinement" as alleged in the plea. Furthermore, they expressed a conscious decision to pursue a "spiritual path."

Following interviews with both individuals mentioned in the petition, the court stated, "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."

"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 High Court said.

The court remarked that the interaction with the individuals through the video link suggested that they were not subjected to any illegal confinement.

Additionally, the High Court specified that the individuals were voluntarily residing at their current location and had made a conscious decision to continue staying there, actively choosing to pursue a spiritual path.

"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.

In his petition filed in November 2019, Mr. Sharma asserted that his daughters were unlawfully confined at Nithyananda's Ahmedabad ashram. He further claimed that the two had been kidnapped and taken out of India following the godman's escape from the country.

The petitioner additionally contended that the individuals, appearing from an unrecognized country named "Kailasa" via video link instead of presenting themselves through the Indian Embassy, did not fulfill the objective of the writ of habeas corpus in confirming their safety and whereabouts.

In 2019, Nithyananda asserted that he had established a country called the "United States of Kailasa." The website of this self-proclaimed entity claims a population of "two billion practicing Hindus." Nithyananda is wanted in India on multiple charges of rape and sexual assault; however, he has consistently denied these allegations.

 

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