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The petitioner fears that he may be consigned to the same fate suffered by Stan Swamy who died in prison while his matter was pending for hearing.
Godman Asharam 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 Rajasthan at Jodhpur, dismissing his Suspension of Sentence (SoS) application, which was filed on medical grounds.
Before the high court Bapu had argued that he is innocent and has already undergone more than 11 years in imprisonment.
A bench of Justices Sanjiv Khanna and Dipankar Datta is set to hear the plea today on 1st March, 2024.
The SLP filed through Advocates Rajesh Inamdar and Shashwat Anand, submits that at the midnight of 21.02.2024, petitioner suffered massive pain in his chest and was rushed to AIIMS Jodhpur, which marks the third instance within a mere four-month period where the petitioner has been rushed to the hospital in critical condition due to severe heart pain / heart attack.
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.
The SLP further states that the case has put him in a lethal life-and-death situation, where his internment in prison is worsening his condition with every passing moment and can result in his terrible and painful demise.
It is further submitted that under the circumstances, the petitioner has no one to pray to but God and the Hon’ble Court alone, who, if does not come to his aid immediately, to save his life, it might be too late, and he would be resigned to the harshest penalty of all, known to mankind, i.e., the Death Penalty, Pending Appeal.
Court has been further told that the petitioner has not been granted relief for even a single day and his prayer for even a grant of parole has been rejected by the Hon’ble High Court inter alia because the grant of parole also will be a futile exercise. The petitioner who is in advanced age and precarious health renders him especially vulnerable to the rigors of imprisonment, jeopardizing his well-being and constitutionally protected right to be free from cruel and unusual punishment.
Thus, in light of the medical complexities and the petitioner’s age, a suspension of the sentence is imperative to safeguard not only his health but also to prevent the imposition of a punishment that could be tantamount to a death sentence.
Case Title: Asaram Vs. State of Rajasthan
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