The Supreme Court on Tuesday refused to grant interim bail to self-styled godman Asaram Bapu in a 2013 sexual assault case involving a minor devotee in Jodhpur, observing that it would only consider the request if a life-threatening medical emergency arose.
The Bench of Justice MM Sundresh and Justice Sheel Nagu clarified that it was not inclined to grant interim relief at this stage without first hearing the State, unless Asaram’s medical condition demonstrated an urgent threat to his life. The Apex Court issued notice to the Rajasthan government, directing the State to file its counter-affidavit within three weeks.
The case pertains to allegations that a minor devotee was wrongfully confined inside Asaram’s ‘kutiya’ (thatched hut) at his ashram in Manai, Jodhpur, in August 2013, where she was allegedly subjected to penetrative sexual assault and criminal intimidation.
A trial court had convicted Asaram Bapu along with two co-accused, hostel warden Sanchita Shilpi and school director Sharad Chandra. All three later challenged the conviction before the Rajasthan High Court.
In May this year, the High Court upheld Asaram’s conviction for rape and related offences under Sections 370(4), 342, 509, 506, 354A and 376(2)(f) of the Indian Penal Code, Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000, and Sections 3, 4, 7 and 8 of the Protection of Children from Sexual Offences (POCSO) Act.
However, the High Court acquitted Asaram and the two co-accused of charges relating to criminal conspiracy and gang rape, holding that the ingredients of those offences were not established.
Asaram challenged the High Court verdict before the Supreme Court.
Apearing for the elf-styled Godman, Advocate DS Naidu apprised the Apex Court that they have heard this case many times. He explained that his client was now 90 years old, had health problems, and had to be treated at an Ayurvedic hospital. He pleaded that the Court was their only hope because social media had already decided that Asaram was guilty.
Opposing any interim relief, the State counsel argued that the case involved a minor victim and pointed out that Asaram had already been provided medical treatment whenever necessary, including hospitalisation earlier this month.
The Apex Court ultimately observed that the medical facilities presently being extended to Asaram should continue. It said the issue of interim bail would be considered later after hearing the State. The Bench further granted liberty to Asaram to seek urgent listing if his health condition worsened.
The Court ordered that the medical facilities currently being provided to the petitioner must continue. The Bench emphasised that while it was prepared to grant immediate liberty if it became absolutely necessary to save his life, it must first hear the State’s arguments to ensure justice is served.
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