The Supreme Court on Tuesday declined to grant immediate bail or suspend the sentence of self-styled godman Asaram while agreeing to hear his appeal against the Rajasthan High Court's decision upholding his conviction in a 2013 minor rape case.
A Bench comprising Justices M.M. Sundresh and Sheel Nagu issued notice to the Rajasthan government on Asaram's petition challenging the High Court verdict. However, the court made it clear that no interim relief would be granted until the State had been heard and only if there was a compelling medical emergency. "We are not granting bail now. Subject to hearing the State, we will consider if there is grave necessity to grant bail, like his life is in danger," the Bench observed.
The court also refused to suspend Asaram's sentence at this stage, stressing that only exceptional medical circumstances would warrant such relief. "We are not considering suspension of sentence. If grave urgency is there, such as danger to life, that is the only factor we will consider."
While directing the Rajasthan government to file its response within three weeks, the Bench ordered that the medical treatment currently being provided to Asaram in prison should continue. It also granted him the liberty to seek an urgent hearing if his health deteriorates. "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."
Appearing for Asaram, senior advocate Dama Seshadri Naidu urged the court to take into account his client's age and medical condition. He submitted that the 80-year-old was suffering from multiple ailments and argued that the conviction had been influenced by what he described as a "social media trial". "This court is our only hope," Naidu told the Bench.
The plea was opposed by counsel representing both the Rajasthan government and the survivor. They argued that the case involved the sexual assault of a minor and pointed out that Asaram had been receiving medical treatment whenever required.
The State also informed the court that he had recently been admitted to hospital for examination and that doctors had found no life-threatening medical condition.
The case dates back to August 2013, when a minor girl, who was a devotee of Asaram, alleged that she had been wrongfully confined at his ashram in Jodhpur and sexually assaulted. She also accused him of criminal intimidation.
In April 2018, a special POCSO court in Jodhpur convicted Asaram under multiple provisions of the Indian Penal Code, including rape, wrongful confinement and criminal intimidation, as well as offences under the Protection of Children from Sexual Offences (POCSO) Act. He was sentenced to imprisonment for the remainder of his natural life.
Asaram challenged the verdict before the Rajasthan High Court, which, in May this year, upheld his conviction for rape and other related offences. However, the High Court acquitted him of charges of gang rape and criminal conspiracy, ruling that the prosecution had failed to establish those offences.
The High Court also acquitted co-accused Sharad Chandra and Sanchita Shilpi, holding that the evidence on record did not substantiate the allegations that they had facilitated the crime.
Dissatisfied with the High Court's ruling, Asaram approached the Supreme Court seeking to overturn his conviction and secure interim relief. While agreeing to examine his appeal, the apex court indicated that any request for bail or suspension of sentence would only be considered under extraordinary circumstances, particularly if his medical condition posed a serious threat to his life.
