Shivangi Prakash-
The Supreme Court mentioned the Britney Spears case in the United States of America, where the pop star is battling a court struggle to end her father’s conservatorship.
While hearing a habeas corpus petition seeking the release of a 21-year-old woman from her parents’ alleged illegal incarceration, the bench led by Chief Justice of India NV Ramana made this throwaway reference.
A 42-year-old man pretending to be a “spiritual guru” submitted the habeas petition, saying that the 21-year-old lady was his follower. The woman wanted to live with him for a ‘spiritual life,’ according to the petitioner, and her parents were opposed to her aspirations.
After expressing questions about the woman’s decision-making capacity, the Kerala High Court dismissed his petition. Following a preliminary police investigation, the High Court expressed questions about the petitioner’s origins.
Senior Advocate Gopal Shankaranarayanan, who appeared on behalf of the petitioner, contended in a special leave plea filed against the High Court ruling that the High Court used a “paternalistic attitude” by depriving an adult girl lady the ability to make her own decisions.
The Supreme Court panel, on the other hand, refused to hear the case, citing the petitioner’s “suspicious credentials.”
“This is not a matter where we can interfere. The girl is in a fragile state of mind. She is 21 years old. She does not know what she’s doing. The mother of petitioner also says she doesn’t trust his son. He is also involved in a POCSO case. How can we given this girl to this man?” CJI Ramana said
In response, Shankaranarayanan stated that the petitioner was not requesting that the woman be permitted to join him, but rather that she be released from her parents’ “illegal incarceration.”
“It is a question of liberty of the girl”, the senior counsel said.
At this point, the CJI made a reference to the Britney Spears’s case in the United States.
“One thing we want to tell. One week back we came across a case from America in an identical situation”, the CJI said.
Justices Hrishikesh Roy and AS Bopanna, the other two judges on the bench, also expressed agreement with the CJI’s viewpoints.
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