Gujarat High Court Permits Rape Convict Narayan Sai To Meet Ailing Father Asaram Bapu For 4 Hours, Notes They Haven't Met For 11 Yrs

The Gujarat High Court on Friday (October 18) permitted Narayan Sai to meet his ailing father and rape convict Asaram Bapu–who is lodged in a Jodhpur jail serving a life sentence, for four hours.

A division bench of Justice Ilesh J Vora and Justice SV Pinto directed Sai to be taken to the jail accompanied by a delegation of police officers at his own cost, to meet his father.

Sai, who has been convicted and sentenced to life in a rape case by a Surat sessions court in 2019, had earlier argued before the high court that his father Asaram Bapu has been admitted to a Jodhpur hospital and his condition is not stable. Sai had moved the high court seeking temporary bail for thirty days for this purpose. 

"Having regard to the peculiar facts and circumstances and grounds urged in this application, on humanitarian grounds, as well as considering the documents regarding the health condition of the father of the applicant and the fact that the applicant has not met his father since last 11 years, we deem it fit to direct that the applicant be taken...to Jodhpur Jail in Rajasthan where his father is lodged with an escort comprising of one Assistant Commissioner of Police, One Police Inspector, Two Head Constables and Two Constables at the costs and expenses of the applicant to meet his father for four hours personally on a one to one basis in the jail," the bench said. 

The bench said that Sai shall deposit Rs. 5 Lakh in the Government Treasury towards these expenses. The court said that after the amount is deposited, necessary arrangements for the visit be made within seven days.

The bench further said that Sai will be taken from the jail in Surat with police escort and be lodged in Jodhpur jail during the “entire period” where he will meet his father for four hours.

It further said that the Jodhpur jail authority shall not permit any other person “such as sister, mother or any other person to meet the applicant during the entire period” and except Sai, no other person will be present during the meeting of the duo i.e. father (Asaram Bapu) and son (Narayan Sai).

It said that after meeting his father, Sai will be brought back to the jail in Surat at the earliest. The court further called for a report once the visit is concluded and Sai is brought back to the jail in Surat.  

Sai's counsel had argued that his client's father–86-year-old Asaram Bapu is suffering from several life-threatening medical conditions while in Jodhpur Jail. He said that the father was recently hospitalised in an ayurvedic hospital and that his health is deteriorating rapidly, having experienced multiple heart attacks. He also said that Asaram Bapu has heart disease and other complications including diabetes, hypertension, and Hypothyroidism. Sai's counsel stressed that the applicant–being his father's only son–has not seen him (Asaram Bapu) in over 11 years and needs to be present to arrange better treatment of his father. 

Opposing the plea, the Public Prosecutor highlighted concerns about Narayan Sai's large group of followers adding that some of them had acted aggressively and attacked witnesses in the past.The prosecution expressed his concern that if news of his release is released, it could attract his supporters and lead to a potential law and order problem. The prosecutor therefore urged the court to deny the plea. He further said that if the Court is inclined to allow Sai's prayer then it should be under strict police protection at Sai's expense. Keeping in view the peculiar facts and circumstances, he said, that it is necessary that the date and time of the visit may not be made public to avoid any untoward law and order situation.

Case Title: Narayan @ Narayan Sai v/s Sate of Gujarat