The Supreme Court on Friday dismissed Asaram Bapu’s plea challenging 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.
In view of his acceptance of the State’s proposal to allow treatment in police custody, the Supreme Court clarified that Asaram Bapu shall be at liberty to approach the High Court to seek treatment at an Ayurvedic Hospital. Furthermore, the Court also requested the High Court to expedite the hearing of his appeal against conviction.
The Bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta was hearing Asaram Bapu’s challenge to a Rajasthan High Court order which rejected his fourth application for suspension of sentence, noting that a law and order situation may arise if he is permitted to undergo treatment on his own instead of in police custody.
The High Court in its judgment observed that considering the fan following of the appellant, it is 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 the State of Maharashtra and there is no response available on behalf of Maharashtra Government on this aspect. The 82-year old Asaram Bapu is serving a life sentence in Central Jail, Jodhpur. Meanwhile, a Gujarat court also convicted him in another rape case and sentence him to life imprisonment in January 2023.
In his bail plea before the Supreme Court, Asaram Bapu relied on a discharge report issued by AIIMS Jodhpur, where a medical board of 7 senior doctors has indicated that he needs Coronary Artery Bypass Graft (CABG) and another facility which is not available in Jodhpur. Mentioning extreme urgency, he pointed out that in a four-month period from November, 2023 to January, 2024, he has been rushed to AIIMS, Jodhpur thrice due to severe chest pain indicative of heart attack.
During the hearing today, Senior Advocate Mukul Rohatgi, appearing for Asharam Bapu contended 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 added that an appropriate application will be moved before the High Court.
Considering the submission, the Supreme Court dismissed the special leave petition. The apex court observed that if any such application is moved, the same would be considered. While asking the petitioner to approach the High Court, Justice Khanna remarked that the matter was quite clear to them when the appeal was ripe for hearing. He added that the applications were deliberately made to delay the matter and the intent was to just stall the hearing.