With the Centre questioning his health claims, the Supreme Court has called for an AIIMS medical evaluation before deciding on Asaram’s request for interim bail.
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The Supreme Court on Tuesday directed the Director of AIIMS to set up a medical board to examine the health of self-styled godman Asaram, who has approached the court seeking interim bail on medical grounds. The top court said it would take a decision only after receiving an independent medical assessment.
A bench comprising Justices M M Sundresh and P B Varale asked the medical board to complete its examination and submit its report within one week.
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The case came up after Asaram requested interim bail, claiming that his health condition required medical attention. During the hearing, his lawyer suggested that the AIIMS Director should form a team of specialist doctors to carry out a detailed examination.
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The counsel also requested that the doctors determine whether Asaram’s condition requires hospital admission. The Supreme Court accepted the suggestion and ordered the constitution of the medical board.
The bench made it clear that it had no inclination to grant regular bail at this stage. The judges said any relief would depend entirely on medical necessity.
“We are not granting regular bail except if we are satisfied it is required on a medical ground. Let the report come,” the bench observed.
Representing the Centre, Solicitor General Tushar Mehta opposed the plea and questioned the basis of Asaram’s request for medical relief.
Mehta told the court that only a few months ago Asaram had travelled to religious places, including Kashi Vishwanath and Ayodhya.
“He got the bail on the ground that he was in vegetative state. But now he is roaming around,” Mehta argued, suggesting that the recent travel raised doubts about the seriousness of his medical condition.
The Supreme Court, however, decided to wait for an expert medical report before taking any further decision on the interim bail plea.
The latest hearing comes after the Rajasthan High Court, on May 27, upheld Asaram’s conviction and life imprisonment in a 2013 rape case involving a minor.
While confirming the life sentence, the High Court acquitted him of charges related to alleged gangrape and penetrative sexual assault under the erstwhile Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
However, it upheld his conviction under Section 376(2)(F) of the IPC, which deals with the rape of a minor, allowing the life sentence awarded by the trial court to remain in force.
Apart from the rape conviction, the High Court also upheld several other findings against Asaram. These include convictions under IPC provisions related to wrongful confinement, trafficking, criminal intimidation, insulting the modesty of a woman and sexual harassment.
The court also retained his convictions under Sections 7 and 8 of the POCSO Act and Section 23 of the Juvenile Justice Act.
Asaram was originally convicted by the trial court on April 25, 2018, for sexually assaulting a minor student at his ashram. He got life imprisonment under multiple provisions of the IPC, the POCSO Act and the Juvenile Justice Act. The Supreme Court will now consider his request for interim medical bail after receiving the AIIMS medical board’s report.
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