Supreme Court Issues Notice On Asaram Bapu's Plea For Suspension Of Life Sentence In Rape Case In Gujarat

The Supreme Court today (November 22) issued notice to the Gujarat Government in a Special Leave Petition filed by self-styled godman Asaram Bapu for suspension of the life sentence granted by Gujarat's Gandhinagar District in a 2013 rape case.

On January 31, 2023, a sessions court found Asaram Bapu guilty of raping his female disciple multiple times at his Ahemdabad-based Ashram and convicted and sentenced him to life imprisonment. He was convicted under IPC Sections 376(rape), 377(unnatural offences), Sections 342 (wrongful confinement), 506 (criminal intimidation) and 357(Assault or criminal force in an attempt wrongfully to confine a person) and 354 (Assault or criminal force to woman with intent to outrage her modesty).

Bapu had then approached the Gujarat High Court with an application seeking suspension of sentence but the same was rejected in August.

A division bench of Justices Ilesh J Vora and Vimal K Vyas through an impugned order dated August 29 refused to suspend the sentence and held that the trial Court's order was prima facie not erroneous. 

Today, when the matter came up before a bench of Justices M.M. Sundresh and Aravind Kumar, Senior Advocate Dama Seshadri Naidu (for Asaram Bapu) stated: "This case needs no introduction." But before he could complete it, Justice Kumar interjected and asked whether the order of rejection by the Rajasthan High Court for suspension of sentence on health grounds in a case where he was convicted for the rape of a minor was challenged. 

Naidu replied that when it came before the Supreme Court, "a direction was given that it should be considered expeditiously".

The Supreme Court on March 1 had in fact dismissed Bapu's plea challenging the order of Rajasthan High Court(in respect to conviction in another rape case). A bench of Justices Sanjiv Khanna and Dipankar Datta had clarified that Asaram would be at liberty to approach the High Court to seek treatment at an Ayurvedic Hospital. Following this, he approached the Rajasthan High Court which allowed him to get ayurvedic treatment at 'Arogayadham Center' at Jodhpur in police custody in March 2024.

Naidu then submitted that the petitioner is "86 years old" and that his "100-page" report explaining his medical condition has been issued by "AIIMS and other hospitals" and is before the Court for perusal. 

Naidu informed the Court that the self-styled godman has suffered two heart attacks so far and has 3 heart blockages. He added that Asaram Bapu has been advised by the doctors, especially in winter "temperature-controlled room or otherwise, he would perish".

Justice Sundresh responded: "We will find out his medical condition and then we will consider."

Justice Kumar asked: "When the medical attention was given to you, you refused."

To this, Naidu replied that the petitioner is 86 years old and cannot withstand bypass surgery therefore, he sought ayurvedic treatment. Justice Kumar however added that before the Rajasthan High Court, the present petitioner had filed an affidavit insisting that he should be sent to a particular hospital only. 

Naidu again clarified that Asaram Bapu had refused allopathic treatment but accepted homoeopathic treatment. 

Advocates Rajesh Inamdar and Shashwat Anand also represented the petitioner.

Case Details: ASHUMAL @ ASHARAM v. THE STATE OF GUJARAT., SLP(Crl) No. 15945/2024