Supreme Court Considers Health in Asaram Bapu Bail Appeal
The Supreme Court of India has requested the Rajasthan government’s response to a petition by Asaram Bapu, who is challenging the Rajasthan High Court’s decision to uphold his conviction for the sexual assault of a minor in 2013. The case, known as Asha Ram @ Ashumal v. State of Rajasthan, involves serious charges against the self-proclaimed spiritual leader.
The bench, comprising Justices MM Sundresh and Sheel Nagu, expressed reluctance to grant bail without first hearing from the State, unless there is a significant health concern for Asaram Bapu. The Court stated, “We are not granting bail now. Subject to hearing the State, we will consider if there is grave necessity to grant bail, like if his health condition is such that his life is in danger. But we are issuing notice in the SLP. We have to consider it. Three weeks to file counter.”
Details of the 2013 Incident
The allegations involve a minor devotee who was reportedly confined and sexually assaulted at Asaram Bapu’s ashram in Jodhpur’s Manai area in August 2013. A trial court had found Asaram, along with hostel warden Sanchita Shilpi and school director Sharad Chandra, guilty, leading to their appeal in the Rajasthan High Court.
In a May verdict, the High Court upheld convictions for rape and related offenses under several sections of the Indian Penal Code, including Sections 370(4), 342, 509, 506, 354A, and 376(2)(f), as well as under the Juvenile Justice Act and the Protection of Children from Sexual Offences Act (POCSO). However, charges of criminal conspiracy and gang rape were dismissed, resulting in acquittal for those specific offenses.
Argument from Asaram’s Defense
Senior Advocate DS Naidu, representing Asaram, urged the Supreme Court to consider his client’s age and health issues. Naidu argued that Asaram, now 90 years old, requires medical attention and that the media’s portrayal has influenced public perception of the case. “Many a time your lordship has heard this case. He is 90 now and he has medical issues. He was given treatment at an Ayurvedic hospital. This court is our only hope, because now the conviction is by the social media,” Naidu stated.
State’s Opposition and Court’s Decision
The State’s counsel opposed any interim relief, emphasizing the involvement of a minor victim and asserting that Asaram has been receiving necessary medical care. The Court decided that Asaram’s current medical treatments should continue, with the possibility of urgent bail reconsideration if his health significantly deteriorates. “We can just say medical facility given to petitioner shall continue. If there is absolute necessity to preserve life, we may grant liberty and not delay. But we will hear the State. We have to do justice. We have to see now that the petitioner also enjoys a dominant position. Let the treatment given so far be continued. List after re-opening. Liberty to the petitioner for urgent mention in case condition deteriorates,” the Bench remarked.
The Supreme Court has scheduled further hearings on this matter post-recess, keeping a close watch on Asaram Bapu’s health status.
