Supreme Court Grants Interim Bail to Asaram Bapu on Humanitarian Grounds Amid Severe Health Crisis.

||Black & White Digital News||

||Tejveer Singh January 07, 2024||

In a significant development, the Supreme Court of India on Monday granted interim bail to 86-year-old self-styled godman Asaram Bapu on medical grounds. The relief is effective until the end of March 2025, with strict restrictions preventing him from meeting his followers. The decision comes amid concerns over Asaram’s rapidly deteriorating health and the need for specialized medical treatment.

Bench Focuses on Health Concerns:

A Bench comprising Justice M.M. Sundresh and Justice Rajesh Bindal passed the order while disposing of Asaram’s plea for suspension of his sentence. The court made it clear that its decision was based solely on medical considerations, avoiding deliberation on the merits of the case.

Asaram’s petition, filed through advocates Rajesh Inamdar and Shashwat Anand, highlighted his precarious health condition. Senior advocate Devadutt Kamat, representing Asaram, argued that his client’s conviction was based solely on the testimony of the survivor and pointed to alleged inconsistencies in the prosecution’s case. However, the Bench refrained from addressing these claims and focused entirely on the medical submissions.

Health Deterioration Highlighted:

Kamat presented compelling medical evidence, stating that Asaram had suffered multiple heart attacks and was battling severe arterial blockages, with reports indicating up to 99% blockages in some arteries. He emphasized that his client, who is over 85 years old, is at a critical juncture in his life.

“The petitioner is apprehending that he may die in jail if he is not allowed to take treatment from a hospital or doctor of his choice, a fundamental right granted to every individual, irrespective of their legal status,” Asaram’s plea stated.

The petition further argued that allowing Asaram to seek specialized medical treatment was not only essential to safeguard his health but also to prevent his imprisonment from becoming a de facto death sentence.

Opposition from the State:

Despite these submissions, Solicitor General Tushar Mehta, representing the State of Gujarat, opposed the plea. Mehta underscored the severity of Asaram’s convictions, arguing that he was receiving adequate medical care within custody. He also cautioned against setting a precedent that might undermine the justice system.

Convictions and Legal Background:

Asaram was convicted by a Special POCSO court in Jodhpur and sentenced to life imprisonment for raping a teenage girl in his ashram. He has been serving his sentence in Jodhpur Central Jail since 2013. In addition to this, a Gandhinagar Sessions Court in Gujarat convicted Asaram in January 2023 in another rape case, sentencing him to life imprisonment.

Asaram’s conviction in these cases drew widespread attention, as they were emblematic of the abuse of power and trust by influential figures. The gravity of his crimes has consistently been a point of contention in court proceedings.

Humanitarian Grounds for Bail:

While granting interim bail, the Supreme Court clarified that the decision was made purely on humanitarian grounds. The Bench noted that Asaram’s medical condition warranted urgent attention and left the door open for a reassessment of his health status as the bail term approaches its expiration.

The court imposed restrictions on Asaram to prevent any misuse of his temporary release, specifically barring him from meeting his followers. This move is seen as a precautionary measure to maintain public order and prevent any undue influence.

Implications of the Decision:

The Supreme Court’s decision has reignited discussions about the balance between justice and compassion in the legal system. While some view the bail as a necessary humanitarian gesture, others argue that the gravity of Asaram’s crimes should preclude any relief, regardless of his age or health.

As the interim bail remains in effect until March, the legal fraternity and the public alike will closely watch how the situation unfolds, particularly as the court re-evaluates Asaram’s medical condition in the months ahead.