Supreme Court dismisses Asaram Bapu’s plea for suspension of sentence in rape case on health grounds

New Delhi: The Supreme Court on Friday declined to entertain a plea by self-styled godman Asaram Bapu against a Rajasthan High Court order, which rejected his plea for suspension of sentence (SoS), in view of his deteriorating health.

A bench of Justices Sanjiv Khanna and Dipankar Datta allowed him to file a fresh plea before the High Court, while clarifying that it was not inclined to consider his instant petition.

Senior advocate Mukul Rohatgi, appearing for Asaram, submitted that an appropriate application will be moved before the high court. 

The bench said that if any such application is moved, the same would be considered and the high court may take up the hearing of the main appeal expeditiously.

The court also asked Asaram to approach Rajasthan High Court with his plea for ayurvedic treatment in police custody.

Without commenting on merits, in view of his acceptance of the state's proposal to allow treatment in police custody, the apex court clarified that Asaram Bapu should be at liberty to approach the high court to seek treatment at an Ayurvedic Hospital. 

Asaram, who was convicted for rape of a minor, filed the petition in the apex court after the high court rejected his plea observing that a law-and-order situation may arise if he is permitted to undergo treatment "on his own" instead of in "police custody”.

He had cited fatal medical emergency and rapidly deteriorating health conditions in support of his plea suspension of sentence. 

The plea challenged the January 11 order passed by the High Court of Rajasthan at Jodhpur, dismissing his suspension of sentence application, which was filed on medical grounds and also on the ground that he is innocent and has already undergone more than 11 years in imprisonment.

The plea filed through advocates Rajesh Inamdar and Shashwat Anand, contended that at the midnight of February 21, 2024, the petitioner suffered massive pain in his chest and was rushed to AIIMS Jodhpur, which marked the third instance within a mere four-month period where he has been rushed to the hospital in critical condition due to severe heart pain/heart attack.