Rajasthan High Court Allows Asaram Bapu To Avail Medical Treatment In Maharashtra For 17 Days Under Police Custody

“Concededly, the applicant is behind the bars for last 12 years and he is 88 years of age and suffering from multiple ailments including heart ailment. Hence, in order to ensure his right to get proper treatment, we are inclined to accept the application filed by the applicant for his treatment and send him to Madhavbaug Hospital in police custody,” a bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur observed in its order.

Asaram has been directed to be kept at the hospital for 17 days from the date he is admitted. As per the Court's order, Asaram himself will have to bear the cost of treatment as well as the cost of security personnel to be deployed at the hospital.

Other conditions imposed on him include:

1. The medical treatment room may be separate to facilitate round-the-clock security arrangements by the Maharashtra Police.
2. Due to the hospital's proximity to the National Highway, the police authorities will strictly prohibit followers from gathering within a 5-kilometre radius of the Hospital.
3. Press and media will be prohibited from entering the premises.
4. No person or visitor will be allowed to meet him.
5. He shall be allowed to take with him one Doctor and two attendants
6. He shall maintain all discipline and adhere to all the conditions, which the Commissioner of Police, Jodhpur Commissionerate, Jodhpur as well as the concerned authority of Maharashtra Police shall be entitled to impose
7. He shall surrender himself before the Superintendent of Central Jail, Jodhpur by 05:00 p.m. on 02.01.2025

Though the Additional Advocate General opposed the request made by Asaram by contending that when he is getting satisfactory treatment at Arogyam Hospital, Jodhpur, there is no such pressing urgency of sending him to the Madhavbaug Hospital.

The Court however deemed it fit to allow his parole for medical treatment noting that 4 Doctors have advised him on December 02, 2024 for admission in Madhavbaug Hospital for the Coronary Artery Disease, which he is suffering.

It may be recalled that 82-year-old Asaram Bapu is currently serving a life sentence in Central Jail, Jodhpur pursuant to judgment of conviction rendered by a Rajasthan court. In January 2023, he was sentenced to life imprisonment by a Gujarat court as well following conviction in a second rape case.

Asaram had moved the HC after the Supreme Court last month dismissed his challenge to a Rajasthan High Court order, which rejected his plea for suspension of sentence on health grounds in a case where he was convicted for a minor's rape.

However, without commenting on the merits of the case, the Top Court clarified that Asaram would be at liberty to approach the High Court to seek treatment at an Ayurvedic Hospital. Following this, he had moved the HC.

In related news, the Rajasthan High Court, in January 2024, denied Asaram Bapu 20-day parole, reasoning that his application could not be accepted under Rule 1(3) of the Rajasthan Prisoners Release on Parole Rules, 2021 and that it could cause a law-and-order situation.