Asaram Bapu: Supreme Court issues notice on self-styled godman's plea seeking suspension of sentence

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Synopsis

The self-styled godman has been awarded life sentence for repeatedly raping a female disciple and is currently lodged in a jail in Jodhpur

The Supreme Court of India today issued notice in Godman Asharam Bapu's plea seeking suspension of sentence of life imprisonment awarded to him.

A Bench of Justices MM Sundresh and Aravind Kumar clarified that it would only examine the plea over medical reasons.

Bapu has approached the Supreme Court of India under Article 136 of the Constitution, citing rapidly deteriorating health conditions, assailing the order of the High Court of Gujarat, dismissing his Suspension of Sentence (SoS) application.

Before the high court Bapu had argued that he is innocent and has already undergone more than 11 years in imprisonment. 

The 86-year-old spiritual leader was convicted in January 2023 for offenses under Sections 376(2)(C), 377, and others of the IPC, based on allegations dating back more than two decades.

The SLP filed through Advocates Rajesh Inamdar and Shashwat Anand, submits that the godman's conviction is riddled with inconsistencies and relies solely on the uncorroborated testimony of the complainant. It is further asserted that there is no medical or independent evidence to support the charges, arguing that he has been falsely implicated to tarnish his reputation and oust him from his Ashram.

Asaram, who is in the twilight of his life, aged more than 85 years, is apprehending that he may die in jail if he is not allowed to take treatment from a hospital/ doctor of his choice which is fundamental right granted to every person regardless of the fact whether he is a convict or an undertrial. 

Citing severe health issues, including multiple heart attacks and critical co-morbidities, Asaram contends that continued incarceration amounts to a violation of his fundamental rights under Articles 14, 19, and 21 of the Constitution. “Each passing day in prison erodes my health and dignity,” the octogenarian’s plea states, adding 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 in August 2024, citing his prior criminal convictions and other pending cases. However, Asaram argues that these unrelated proceedings have no bearing on his right to bail in this matter, emphasizing that justice should not be denied based on “moral prejudice” or irrelevant considerations.

The petition also highlights systemic judicial delays, pointing out that criminal appeals in Gujarat often remain pending for several decades. Asaram’s counsel argued that his advanced age and deteriorating health make his case an urgent exception, warranting interim relief.

Case Title: Asaram Vs. State of Gujarat