'Not An Ordinary Crime' : Supreme Court Refuses To Entertain Asaram Bapu's Plea To Suspend Sentence For Medical Treatment

The matter was heard by the bench of Justices Indira Banerjee, V Ramasubramanian and Bela M Trivedi.

Expressing unwillingness to entertain the plea, Justice Indira Banerjee orally remarked, "Sorry in this sort of a situation, taking an overall view, It's not an ordinary crime at all. You'll get all your ayurvedic treatment in jail. Mr Singh is assuring us that he'll get the treatment. Continuing ayurvedic treatment is not a problem. We'll direct the jail authorities to take care that ayurvedic treatment is granted."

Appearing for Asaram Bapu, Senior Advocate R Basant submitted that he was only asking for an interim bail for two months to enable Asaram Bapu to get ayurvedic treatment.

"All that is being asked is an interim bail for 2 months for ayurvedic treatment by an 85 year old man subject to Court's condition so that I can keep my body & soul together. Mercy is all that I'm asking for," Senior Counsel also added.

Contending that Asaram Bapu was not getting proper ayurvedic treatment in Jail, Senior Advocate R Basant also argued that, "He's not getting the treatment in jail. Look at the relief that I'm asking for. 6 weeks time is necessary. I want to try it, fight my case & be free. I am 85 year old. Am I likely to commit an offence again?"

Opposing Bapu's bail, Senior Advocate Manish Singhvi submitted that Bapu was getting best medical treatment in jail at Jodhpur.

"He's been getting the best possible treatment in jail," Senior Counsel submitted.

Since the bench was not inclined to entertain the matter, the Senior Advocate appearing for Asaram Bapu submitted that the petition was not pressed. Accordingly, the petition was dismissed as not pressed.

Litigious Chain

A Bench of Justices BR Gavai and Krishna Murari had on June 4th issued notice in the plea and had further agreed to examine if the Petitioner could be temporarily shifted to an ayurvedic centre as sought by him.

Rajasthan High Court Order

On 21st May 2021, a Bench of Justice Sandeep Mehta and Justice Devendra Kachhawaha of Rajasthan High Court, had directed the district and jail administration to ensure that Asaram is provided with proper treatment, a nutritious diet, and a safe environment looking at his old age and medical condition.

The Court had refused to grant him temporary relief of suspension of his sentence as sought by him through an application, after the perusal of the rape convict's medical report submitted by the All India Institute of Medical Sciences in Jodhpur, where he was admitted after contracting COVID-19.

Importantly, the Court had said,

"Suspending the sentences awarded to the appellant, in this case, would be nothing short of an exercise in futility because immediately on his release from the Central Jail, Jodhpur, he would be required to be taken to the State of Gujarat in connection with the case pending trial as a production warrant certainly would be in force."

The Court had also rejected the prayer to set up a medical facility at his Ashram in Pal Village, Jodhpur so as to provide him treatment, while noting that whenever he had been taken out from prison even for attending the dates of hearing during the trial, his followers would form huge congregations which would create law and order situations.

Case Title: Asharam @ Ashumal v. The State of Rajasthan

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