Rajasthan High Court allows rape convict Asaram Bapu to get ayurvedic treatment

The Rajasthan High Court recently allowed self-styled godman and rape convict Asaram Bapu to undergo ayurvedic treatment at a facility in Jodhpur while continuing to be under police custody [Asaram Bapu v State]..To avail the ayurvedic treatment, bench of Justices Dinesh Mehta and Vinit Kumar Mathur permitted Asaram to stay at the Arogayadham Center at Jodhpur for ten days from the date of his admission."Having regard to the condition of the present applicant (Asaram Bapu) including his age, we feel that right to get appropriate treatment is his fundamental right and same needs to be protected," the Court added in its order of March 21. .Another ayurvedic facility had earlier expressed that it was not in a position to admit Asaram Bapu since he also suffered from cardiac ailments. Such a health condition made ayurvedic treatment risky in the absence of any emergency medical facilities, the Court was told. However, the Arogayadham Center at Jodhpur informed Asaram Bapu's counsel later that it has facilities in place to cater to Asaram Bapu's cardiac condition if need arises. A representative at the Centre added that doctors from a hospital in Raigad could also visit the ayurvedic facility if needed to treat Asaram Bapu."We, therefore, dispose of the present application by directing that applicant’s treatment shall be carried out at ‘Arogayadham Center’ at Jodhpur, in police custody. It will be required of the Commissioner of Police or his nominated officer to first visit the Arogayadham Center and assess the situation more particularly in relation to security aspects," the Court proceeded to order..Asaram Bapu is presently in jail as he is serving life sentences in two separate rape cases. He is lodged in Jodhpur's Central Jail and has been in prison since 2013. The godman was first convicted in a 2013 case under the Protection of Children from Sexual Offences (POCSO) Act in 2018. In January 2023, a Gujarat court convicted him for the rape of a devotee in another case.The life sentences in both cases are running concurrently..Asaram moved the present plea before the High Court earlier this month after a suggestion by the Supreme Court on March 1 when it declined to suspend Asaram's jail sentence in the 2013 rape case. At the time, the top court suggested that Asaram could move the Rajasthan High Court with a plea to undergo treatment at an ayurvedic hospital..The High Court has now granted him permission to do so. The Court clarified that security costs incurred during treatment at the ayurvedic centre would have to be borne by Asaram Bapu or his representative. To this end, the police/ jail authorities were asked to intimate the cost of security personnel to be deployed at Arogayadham Center while Asaram Bapu avails treatment. The said costs would then have to be deposited by Asaram or his representative, the Court said."After the requisite security arrangements are made, the applicant shall be sent to Arogayadham Center at Jodhpur in police custody. Commissioner of Police shall make proper arrangement so as to ensure security of the applicant so also the law and order situation in and around the Arogayadham Center," the Court's order stated..The Court added that if at all any law and order situation arises, Asaram can be sent back to jail. "In the unlikely event of law and order situation getting out of control, it will be open for the Commissioner of Police to take the applicant back to the Central Jail, Jodhpur. In such situation, the Commissioner of Police will have to file his own affidavit to justify such decision," the Court's order stated. .The matter will be taken up next on April 9.Senior Advocate VR Bajwa along with advocates Savita Nathawat, RS Saluja, Lalit Kishor Sen, Yashpal Singh Rajpurohit, Rajesh Inamdar, and Shashwat Anand represented Asaram Bapu. The State of Rajasthan was represented by Additional Advocate General Anil Joshi along with advocates Rajat Chhaparwal, Pallav Sharma and PC Solanki..[Read Order]