HC refuses to cancel Children Rights Commission’s summons issued against Isha Yoga Centre

Holding that mere issuance of a summon by Tamil Nadu Commission for Protection of Children’s Right (TNCPCR) would not provide cause for the Isha Yoga Centre to prefer a writ petition, the Madras High Court refused to quash the summon issued against the centre by the TNCPCR.
High Court of Madras (File photo)
High Court of Madras (File photo)


Justice SM Subramaniam passed the order on hearing a plea by Isha Yoga Centre challenging the suo-moto complaint taken by the TNCPCR dated September 21, 2016. The suo-motu complaint was taken on charges of deprivation and violations of children rights in the Isha Yoga Centre.
The petitioner submitted that the commission had failed to hear the matter on a particular day despite the administrator of the Isha Yoga Centre appearing before the Commission with the files. “The authorities had pre-determined their mind during the relevant point of time and they were not ready to hear the case of the petitioner with an open mind,” A M Amutha Ganesh, counsel for the petitioner submitted.
However, C Jayaprakash, the government advocate objected to the said contention by stating that the authorities competent are bound to conduct an enquiry wherever the necessity arises.
“In the case, actions were taken under sections 14(1) and 13 (1) (j) (k) of the Commission for Protection of Child Rights Act, 2005. The sections are to deal with the cases of deprivation and violations of children rights, non-implementation of laws providing for protection and development of children and non-compliance of policy decisions,” the government advocate argued.
On recording the submissions, the judge disposed of the matter directing the TNCPCR to issue fresh summons to the petitioner, fixing the date and time, enabling them to appear and submit their response within a period of four weeks from the date of receipt of a copy of this order.
“The petitioner is directed to submit their response within a period of two weeks from the date of receipt of the copy of the summons to be issued by the TNCPCR. The commission shall conduct an enquiry by affording the opportunity to the petitioner and pass orders on merits and in accordance with law within a period of eight weeks from the date of issuance of summons,” the judge ruled.

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