Supreme Court notice to Gujarat govt for medical bail for Asaram in sexual assault case

New Delhi: The Supreme Court on Friday issued notice to the Gujarat government on a plea by self styled Godman Asaram Bapu for bail on medical grounds in sexual assault case.

A bench of Justices M M Sundresh and Aravind Kumar said the court would consider the matter on medical grounds since it is POCSO case.

Senior advocate Dama Seshadri Naidu, appearing for the petitioner contended he suffered from multiple ailments, including blockages.

The court sought a response from the state government within three weeks.

Asaram, who is serving a life sentence in the case, has approached the court seeking suspension of sentence and bail, claiming he is a victim of media trials and conspiracies aimed at seizing control of his 'ashram'. 

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.

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. 

His plea asserted 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.

Citing severe health issues, including multiple heart attacks and critical co-morbidities, Asaram contended that his continued incarceration amounted to a violation of his fundamental rights under Articles 14, 19, and 21 of the Constitution. 

“Each passing day in prison erodes his health and dignity,” the plea claimed.

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.