Supreme Court Dismisses Asaram Bapu's Plea To Suspend Sentence On Medical Grounds In Minor's Rape Case, Allows Him To Move HC

The Supreme Court today dismissed self-styled godman Asaram Bapu's 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.

Without commenting on merits, in view of his acceptance of the State's proposal to allow treatment in police custody, the Court clarified that Asaram Bapu shall be at liberty to approach the High Court to seek treatment at an Ayurvedic Hospital. It also requested the High Court to expedite the hearing of his appeal against conviction.

The Bench of Justices Sanjiv Khanna and Dipankar Datta was hearing Asaram Bapu's challenge to a Rajasthan High Court order which rejected his fourth application for suspension of sentence, observing that a law and order situation may arise if he is permitted to undergo treatment "on his own" instead of in "police custody".

"Looking to the fan following of the appellant, we are of the view that if he is allowed to undergo treatment at ... Hospital, there is all possibility that law and order problem may arise in State of Maharashtra and there is no response available on behalf of Maharashtra Government on this aspect," the High Court had said.

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.

In support of his prayer for bail before the Supreme Court, Asaram Bapu relied on a discharge report issued by AIIMS Jodhpur, where a medical board consisting of 7 senior doctors indicated that he needs Coronary Artery Bypass Graft (CABG) and another facility which is not available in Jodhpur. Citing "extreme urgency", he pointed out that in a four-month period (November, 2023 to January, 2024), he has been rushed to AIIMS, Jodhpur thrice due to severe chest pain indicative of heart attack.

Today, appearing for Asaram Bapu, Senior Advocate Mukul Rohatgi conceded that the petitioner was inclined to accept the statement made by the Public Prosecutor before the High Court (regarding Asaram Bapu's treatment in police custody). He submitted that appropriate application will be moved before the High Court.

Taking note of the submission, the Court dismissed the special leave petition. "If any such application is moved, the same would be considered", it said, before requesting that the High Court take up the hearing of the main appeal expeditiously.

Notably, while asking the petitioner to approach the High Court, Justice Khanna remarked, "this matter was quite clear to us...when the appeal was ripe for hearing, deliberately applications were made to delay the matter...the intent was to just stall the hearing".

Senior Advocate Devadatt Kamat also appeared for Asaram Bapu.

In related news, the Rajasthan High Court, last month, denied 20-day parole to Asaram Bapu, reasoning that his application could not be accepted under Rule 1(3) of the Rajasthan Prisoners Release on Parole Rules, 2021 as well as its possibility of causing a law and order situation.

The petition was filed through Advocates Rajesh Inamdar and Shashwat Anand.

Case Title: ASHARAM @ ASHUMAL Versus STATE OF RAJASTHAN, SLP(Crl) No. 2792/2024