SC issues notice on Asaram’s appeal against conviction, declines bail and allows him to approach Court if health worsens

The Supreme Court on Tuesday issued a notice to the Rajasthan government on a petition filed by self-styled godman Asaram alias Ashumal challenging the Rajasthan High Court judgment upholding his conviction in the 2013 sexual assault case involving a minor devotee, while declining to grant him interim bail at this stage, observing that such a request could not be considered without first hearing the state.

Refusing to grant interim bail at this stage, a vacation Bench of Justice M. M. Sundresh and Justice Sheel Nagu, however, granted liberty to Asaram to seek an urgent hearing if his medical condition deteriorates and directed that the treatment presently being provided to him should continue.

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The Court granted the Rajasthan government three weeks’ time to file its response.

Declining his prayer for interim bail, the vacation Bench observed that it was not inclined to release the petitioner without hearing the State. However, it said that such a request would be considered only if there was a compelling medical necessity, particularly if his life was in danger. At the same time, the Court directed that the medical treatment presently being extended to Asaram should continue.

Senior Advocate D. S. Naidu, appearing for Asaram, urged the Court to consider his advanced age and medical condition, submitting that the 90-year-old was undergoing treatment and required continued medical care.

Opposing any interim relief, the Rajasthan government contended that the case involved the sexual assault of a minor and pointed out that adequate medical treatment had already been provided to Asaram whenever required.

The case relates to allegations that in August 2013, a minor girl devotee was wrongfully confined at Asaram’s ashram in Jodhpur and subjected to penetrative sexual assault and criminal intimidation.

Following the trial, a Rajasthan court convicted Asaram along with co-accused Sanchita Shilpi, a hostel warden, and Sharad Chandra, the school director. In May this year, the Rajasthan High Court affirmed Asaram’s conviction for rape and other offences under the Indian Penal Code, the Protection of Children from Sexual Offences Act, 2012, and the Juvenile Justice Act.

The High Court, however, acquitted Asaram and the two co-accused of the charges of criminal conspiracy and gang rape, holding that the ingredients of those offences had not been established.

Aggrieved by the judgment affirming his conviction, Asaram has now approached the Supreme Court.