New Delhi: The Supreme Court Thursday declined to grant interim bail to self-styled godman and rape convict Asaram on medical grounds, but permitted him to avail round-the-clock services of a trained caregiver of his choice in view of the medical opinion furnished by the All India Institute of Medical Sciences (AIIMS).
A bench of Justices M.M. Sundresh and P.B. Varale kept Asaram’s application for suspension of sentence pending and granted him liberty to mention the matter again if his health condition deteriorates.
“The petitioner will have liberty to have assistance of a trained caregiver of his choice on a round-the-clock basis,” the apex court ordered while adjourning the application.
During the hearing, Solicitor General Tushar Mehta, appearing for the Rajasthan government, alleged that Asaram had suppressed material facts by obtaining a 20-day parole from the Rajasthan High Court without disclosing the pendency of his interim bail plea before the Supreme Court.
He submitted that while the parole application before the High Court did not disclose the proceedings pending before the apex court, the grant of parole was also not brought to the notice of the Supreme Court.
On being informed that the Rajasthan High Court had granted parole, the Justice Sundresh-led Bench expressed surprise and remarked, “After our order?”
It also observed, on the petitioner’s conduct, that “it’s not correct”.
However, Asaram’s counsel contended that the parole application had been filed earlier and that parole was not granted solely on medical grounds.
The apex court ultimately passed its order in line with the medical assessment submitted by a team of doctors at AIIMS, which concluded that Asaram did not require hospitalisation but needed round-the-clock assistance from trained caregivers
Earlier this week, the Supreme Court had taken on record the AIIMS report stating that Asaram, who suffers from multiple ailments including coronary artery disease, osteoporosis, chronic hyponatremia, thalassemia and recurrent gastrointestinal episodes involving blood loss, did not require hospitalisation but would need continuous assistance from trained caregivers.
July 21, the Justice Sundresh-led Bench had directed the AIIMS Director to constitute a specialised medical board to conduct a comprehensive evaluation of Asaram’s health after making it clear that it was not inclined to consider his request for interim bail without an independent medical assessment.
June 30, the Supreme Court had issued notice to the Rajasthan government on Asaram’s special leave petition challenging the Rajasthan High Court’s May 27 judgment upholding his conviction and life sentence in the 2013 minor rape case, but had declined interim relief at that stage.
Asaram has challenged the Rajasthan High Court judgment affirming the life sentence awarded by a Special POCSO Court in the 2013 case relating to the sexual assault of a minor student at his Chhindwara Gurukul.
Following the High Court verdict, Asaram, who had been out on interim medical bail, surrendered before the Jodhpur Central Jail May 28 after undergoing a medical examination. The Special POCSO Court in Jodhpur had convicted Asaram April 25, 2018, and sentenced him to life imprisonment. He is also serving a life sentence in another sexual assault case involving a woman disciple at his Gandhinagar ashram in Gujarat.
