NEW DELHI: The Supreme Court on Friday sought a response from the Gujarat government on a plea by self styled Godman Asaram Bapu for suspension of life sentence in a case related to sexual assault of a minor girl, saying the court would consider his petition on medical grounds only since it was a POCSO case.
A bench of Justices M M Sundresh and Aravind Kumar noted the petitioner had earlier declined treatment but agreed to issue notice to the Gujarat government to consider his fresh plea.
SC Seeks Gujarat Govt’s Reply on Asaram’s Medical Bail Plea
Senior advocate Dama Seshadri Naidu, appearing for Asaram, submitted that the petitioner suffered from multiple blockages and he could not take allopathic treatments.
The court issued notice returnable in three weeks.
The 86-year-old spiritual leader was convicted in January 2023 for offences under Sections 376(2)(C), 377, and others of the IPC, based on allegations dating back more than two decades.
Health Issues Cited in Appeal Against Life Sentence in POCSO Case
In his plea, filed through advocates Rajesh Inamdar and Shashwat Anand, Asaram alleged that his conviction was riddled with inconsistencies and based solely on the uncorroborated testimony of the complainant.
Asaram, who is serving a life sentence in the case, sought suspension of sentence and bail, claiming he is a victim of media trials and conspiracies aimed at seizing control of his 'ashram'.
He claimed that there is no medical or independent evidence to support the charges.
He claimed he has been falsely implicated to tarnish his reputation and oust him from his Ashram.
Referring to severe health issues, including multiple heart attacks and critical co-morbidities, he claimed that his continued incarceration amounted to a violation of his fundamental rights under Articles 14, 19, and 21 of the Constitution.
He also claimed that he has already served over 11 years behind bars and may not survive to see his pending appeal heard.
The Gujarat High Court had rejected Asaram’s plea for suspension of sentence in August 2024, citing his prior criminal convictions and other pending cases.
However, Asaram argued that these unrelated proceedings have no bearing on his right to bail in this matter, emphasising that justice should not be denied based on “moral prejudice” or irrelevant considerations.
His petition also highlighted systemic judicial delays, as criminal appeals in Gujarat often remained pending for several decades. Asaram’s counsel argued that his advanced age and deteriorating health made his case an exception, warranting interim relief.
