'It's His Fundamental Right': Rajasthan High Court Allows Asaram Bapu To Avail Ayurvedic Treatment In Police Custody

Sparsh Upadhyay

22 March 2024 11:55 AM IST

  • Its His Fundamental Right: Rajasthan High Court Allows Asaram Bapu To Avail Ayurvedic Treatment In Police Custody

    The Rajasthan High Court on Thursday allowed self-styled godman Asaram Bapu to get ayurvedic treatment at 'Arogayadham Center' at Jodhpur in police custody.A bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur passed this order on a plea moved by Asaram while stating that the right to get appropriate treatment is his fundamental right and the same needs to be protected."We,...

    The Rajasthan High Court on Thursday allowed self-styled godman Asaram Bapu to get ayurvedic treatment at 'Arogayadham Center' at Jodhpur in police custody.

    A bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur passed this order on a plea moved by Asaram while stating that the right to get appropriate treatment is his fundamental right and the same needs to be protected.

    "We, therefore, dispose of the present application by directing that the applicant's treatment shall be carried out at 'Arogayadham Center' at Jodhpur, in police custody. It will be required of the Commissioner of Police or his nominated officer to first visit the Arogayadham Center and assess the situation more particularly in relation to security aspects," the bench directed.

    Asaram has been directed to be kept at Arogayadham Center for ten 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 Arogayadham Center. i

    In the unlikely event of law and order situation getting out of control, the Court has given liberty to the the Commissioner of Police to take Asaram back to the Central Jail, Jodhpur. In such a situation, the Commissioner of Police will have to file his affidavit to justify such decision.

    The Court also added that after the requisite security arrangements are made, Asaram be sent to the Arogayadham Center in police custody. Further, the Commissioner of Police has been asked to make proper arrangements so as to ensure the security of the applicant and also the law and order situation in and around the Arogayadham Cente.

    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 had 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 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.

    Asaram was represented by Advocates Rajesh Inamdar, Shashwat Anand and RS Saluja.

    Case title - Asharam vs. State of Rajasthan

    Citation: 2024 LiveLaw (RJ) 69

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