Custody of the daughter with mother and father who usually are not essentially illegally detained: Supreme Court docket
The Supreme Court declined to deal with the Spiritual Guru’s Habeas Corpus plea, which challenged the order of the Kerala Supreme Court because it rejected its plea alleging that his “spiritual partner” was under illegally detaining their parents and requesting their release.
The bank expressed reluctance to comply, as the Kerala High Court found no incriminating evidence against the girl’s “illegal detention” among her parents.
The bank found that there is an obvious difference between custody and illegal detention, and that custody does not always equate to illegal detention.
The petitioner is a 52-year-old man who claims to have given up worldly pleasures in order to pursue spiritual practice. According to him, the Detunu, a 21-year-old woman, was both his yoga shishya and his “spiritual partner”.
The high court relied primarily on his interactions with the girl and found that she was in a vulnerable mental state
It refused his plea on the grounds that on the one hand the woman was in a vulnerable psychological state and on the other hand the petitioner’s identity card could not be used.
The petitioner’s attorney before the Supreme Court alleged that the petitioner’s IDs were not relevant to the petition and that the girl tended to be with the petitioner.
The bank, headed by CJI, said none of the evidence shows the girl is in illegal detention, which is essential to the formation of a habeas corpus case.
However, the Apex Court allowed the petitioner to go to the High Court for a review of the legal issue, ie the unlawful detention in this case.