On Tuesday, the Supreme Court agreed to review Asaram’s challenge to a Rajasthan High Court ruling that upheld his conviction for sexually assaulting a minor devotee at his Jodhpur ashram in 2013, but declined to consider suspending his sentence or releasing him on bail at this time.
In response to Asaram’s petition contesting the high court’s decision, a bench of justices MM Sundresh and Sheel Nagu sent a notice to the Rajasthan government. However, they made it clear that no temporary relief would be given until the state had been heard and unless his health posed a serious risk to his life.
“At this time, bail is not being granted. The bench said, “We will consider whether there is a grave necessity to grant bail, like his life is in danger, subject to hearing the State.”
Additionally, the court refused to temporarily suspend the punishment. “We are not thinking about suspending the sentence. The only thing we will take into account is if there is a serious emergency, such a threat to life,” it stated.
The bench mandated that the medical amenities now provided to Asaram in prison should continue, but it also directed the state to submit its response within three weeks. Additionally, it gave him the freedom to request an immediate listing in the event that his health worsened.
We may provide liberty without delay if it is absolutely necessary to preserve life. However, the State will be heard. “We must do justice,” it continued.
Asaram was represented by senior counsel Dama Seshadri Naidu, who asked the court to take his advanced age and health into account. He said that the 80-year-old self-described godman had several illnesses and that a “social media trial” had affected his conviction.
Naidu said, “This court is our only hope.”
The state’s and the victim’s attorneys opposed any temporary relief, pointing out that Asaram had gotten medical care when needed and that the case involved a juvenile victim. He was brought to the hospital earlier this month, but no life-threatening ailment was discovered, the State told the court.
The issue stems from claims that in August 2013, a young girl who was a follower of Asaram was unlawfully imprisoned at an ashram in the Manai region of Jodhpur, where she was sexually assaulted and intimidated.
Asaram was found guilty of several offenses under the Indian Penal Code, including rape, wrongful confinement, and criminal intimidation, as well as violations of the Protection of Children from Sexual Offenses (POCSO) Act. In April 2018, a special POCSO court in Jodhpur sentenced him to prison for the rest of his natural life. The Rajasthan High Court subsequently heard a challenge to the conviction.
The high court confirmed Asaram’s conviction for rape and similar offenses in May of this year, mainly upholding the findings against him. Nevertheless, it found that the elements of criminal conspiracy and gang rape were not proven, and as a result, it cleared him of those accusations.
Co-accused Sharad Chandra and Sanchita Shilpi, who had already been found guilty of aiding and abetting the crime, were also granted relief by the high court. They were cleared of all charges after it was determined that the evidence did not support the prosecution’s case against them.
Disappointed with the partial upholding of his conviction and sentence, Asaram petitioned the Supreme Court, which on Tuesday agreed to look at the case but indicated that any plea for bail or a sentence suspension would only be taken into consideration in extraordinary situations related to his health.
