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The Supreme Court has today dismissed a plea filed by Asharam seeking temporary suspension of sentence on pretext of medical exigency, the Rajasthan Government has told Supreme Court.

A bench of Justice Indira Banerjee, Justice V Ramasubramanian and Jutice Bela M Trivedi noted, that Asharam has been convicted for Rape of a minor and that it is not an ordinary crime at all, one can get ayurvedic treatment in jail.

Asharam is serving life sentence and has served 8 years.

Senior Advocate R Basant appearing for Asharam submitted that Asharam was asking for a bail for a period of 2 months for ayurvedic treatment, “I’m asking for mercy. He is not getting proper treatment in jail,” Basant added.

Whereas, Senior Advocate Manish Singhvi appearing for the State of Rajasthan contended that Asharam is getting the best treatment.

However, the bench while dismissing the plea said that it has been assured that he’ll get the treatment, “we’ll ask the authorities to make sure that the ayurvedic treatment is given to the appellant,” the Court noted.

Earlier, pursuant to the Apex Court orders, Jail Superintendent Central Jail Jodhpur had filed an affidavit stating how the accused has been trying to vitiate the course of trial and proceedings by his prayer of seeking medical attention.

“Considering the plea of the accused, medical certificate issued by Dr. Mahip Gaur, this Hon’ble Court constituted a committee of doctors comprising 8 doctors from different specialities of AIIMS, New Delhi and the committee conducted clinical examination of the accused and opined through its report dated 02.01.2015, that the accused was not required any surgery. They further opined that the disease of the accused can be managed through routine medical OPD basis”, the affidavit states.

Background: 

Earlier, The State of Rajasthan had submitted a counter affidavit in the matter pending before top court viz. Rape accused Asaram Bapu.

The petitioner has been attempting to change the venue of custody in the name of medical treatment, Government told Court.

Pursuant to the Apex Court orders, Jail Superintendent Central Jail Jodhpur has filed an affidavit stating how the accused has been trying to vitiate the course of trial and proceedings by his prayer of seeking medical attention.

“During the pending trial, the accused moved SLP (Crl.) No. 3852 of 2014, before this Hon’ble Court seeking regular bail on merit and on medical condition of the accused. Considering the plea of the accused, medical certificate issued by Dr. Mahip Gaur, this Hon’ble Court constituted a committee of doctors comprising 8 doctors from different specialities of AIIMS, New Delhi and the committee conducted clinical examination of the accused and opined through its report dated 02.01.2015, that the accused was not required any surgery. They further opined that the disease of the accused can be managed through routine medical OPD basis”, the affidavit states.

This was followed by another SLP in 2016 on similar grounds, stating that the accused was suffering from various ailments, needing immediate medical attention. Court had then directed a committee of 7 doctors from AIIMS Delhi to undertake medical examination of the accused.

A report was filed by this committee of doctors as per which the condition of the patient was stable.

State Government was asked to provide medical facilities to the accused at AIIMS Jodhpur or Dr. Sarvepalli Radhakrishnan Rajasthan Ayurveda University, Jodhpur, according to order dated October 24, 2016.  

Subsequently, the accused moved an application for modification of the aforementioned order, which was declined by the court as per order dated January 30, 2017.

“The accused/petitioner through this petition has made third attempt to get his sentence suspended, under the garb of medical treatment. In previous round of petitions, the accused had prayed for immediate medical surgery of his ailment, through allopathic method, which failed and now the accused through the present petition has raised his concern to get his treatment from Ayurveda”, affidavit adds.

The applicant was convicted under Section(s) 370(4), 342, 506, 376(2)(f), 376D IPC and Section 23 JJ Act for 6 months of Simple Imprisonment.

Case Title- Asaram v. State of Rajasthan | SLP 3939 of 2021