The Supreme Court on Friday issued notice to the Gujarat government on a petition filed by self-styled godman Asaram Bapu seeking the suspension of the life imprisonment sentence imposed on him by a trial court in a rape case [Ashumal @ Asharam vs State of Gujarat].
A Bench of Justices MM Sundresh and Aravind Kumar, however, made it clear that it would only examine if there are medical reasons to allow Asaram's interim release from jail.
"We will issue notice, but we will consider only on medical conditions. (It is a) POCSO (Protection of Children from Sexual Offences Act) case," the Bench said.
Senior Advocate Dama Seshadri Naidu appeared for Asaram and told the Court that the godman was suffering from serious medical ailments, warranting his interim release from jail.
"He has multiple blockages. Doctors advise, in winter, he should be temperature-controlled room - else he will perish," Naidu said.
"Earlier, you (Asaram) refused treatment and wanted your choice of hospital," the Court pointed out
"I could not do bypass or allopathic, hence I wanted Ayurveda," Asaram's counsel replied.
The Court eventually issued notice returnable by three weeks.
In January 2023, a sessions court in Gandhinagar convicted Asaram Bapu under various provisions of the Indian Penal Code (IPC) in a 2013 rape case, for the repeated rape of a female disciple at a Surat Ashram.
An appeal against this trial court verdict is pending before the Gujarat High Court. In the meanwhile, Asaram moved a plea before the High Court seeking his interim release from jail.
In August this year, the Gujarat High Court refused to accede to this plea to suspend his life imprisonment sentence. The High Court reasoned that there was no exceptional ground made out to allow Asaram's interim release from jail while his appeal against conviction remains pending.
This led to the instant appeal before the apex court.
As per the plea filed through advocates Rajesh Inamdar and Shashwat Anand, Asaram's conviction is riddled with inconsistencies and relies solely on uncorroborated testimony by the complainant.
According to Asaram, there is no medical or independent evidence to support the charges and he has been falsely implicated to tarnish his reputation and oust him from his Ashram.