The Supreme Court on Tuesday declined to consider suspension of the ‘Godfather Asaram”s sentence or release him on bail at this stage while agreeing to examine his appeal before the Rajasthan High Court ruling upholding his conviction for sexually assaulting a minor devotee at a Jodhpur ashram in 2013.
A bench of Justices M M Sundresh and Shail Nagu issued notice to the Rajasthan government on Asaram’s plea challenging the Supreme Court ruling, but made it clear that no interim relief would be granted without first hearing the state and unless his medical condition shows serious threat to life.
“We are not granting bail now. Subject to hearing the state, we will consider whether there is extreme necessity to grant bail, as if his life is in danger,” the bench observed.
The court also refused to suspend the sentence at the present time. “We are not considering suspending judgment. If there is a very urgent need, such as there being a risk to life, that is the only factor we will consider,” she said.
While the court directed the state to submit its response within three weeks, the bench ordered the continuation of the medical facilities currently being expanded to Asram Jail. It also gave him the freedom to request urgent listing if his health condition deteriorated.
Read also: Father of rape survivor moves SC seeking cancellation of bail of convict Asaram
She added: “If there is an absolute necessity to preserve life, we can grant freedom and not delay. But we will listen to the state. We must achieve justice.”
Senior advocate Dhamma Seshadri Naidu, representing Asaram, urged the court to consider his advanced age and medical condition. He stated that the self-proclaimed spiritual man, who is now over 80 years old, was suffering from multiple ailments, and said his conviction was influenced by a “social media trial”.
“This court is our only hope,” Naidu said.
Opposing any interim relief, the lawyer representing the state as well as the victim pointed out that the case involved a minor victim and Asram was receiving medical treatment whenever necessary. The state told the court that he was taken to hospital earlier this month and no life-threatening condition was found.
The case stems from allegations that a minor girl, an Asaram follower, was wrongfully detained at an ashram in Jodhpur’s Manai area in August 2013 and subjected to sexual assault and criminal intimidation.
In April 2018, a special POCSO court in Jodhpur sentenced Asaram to imprisonment for the remainder of his natural life after he was convicted under multiple provisions of the Indian Penal Code, including rape, wrongful confinement and criminal intimidation, as well as offenses under the Protection of Children from Sexual Offenses (POCSO) Act. The conviction was later challenged in the Rajasthan High Court.
In May this year, the Supreme Court largely upheld the findings against Asaram, confirming his conviction for rape and related offences. However, it concluded that the elements of gang rape and criminal conspiracy had not been proven, and thus acquitted him of those charges.
The Supreme Court also extended relief to co-accused Sharad Chandra and Sanchita Shilpi, who were earlier convicted of facilitating the crime. It found that the evidence did not support the prosecution’s case against them and acquitted them of the charges.
Aggrieved by the partial confirmation of his conviction and sentence, Asaram approached the Supreme Court, which on Tuesday agreed to examine the matter but noted that any application to suspend the sentence or bail would only be considered in exceptional circumstances linked to his health.
