The Supreme Court has sought a medical report from the All India Institute of Medical Sciences (AIIMS) on the health condition of self-styled godman and rape convict Asaram Bapu to decide whether he should be granted bail on medical grounds.
A Bench of Justices MM Sundresh and PB Varale ordered the director of AIIMS to constitute a team of doctors to conduct a thorough examination of Asaram."The petitioner’s case may be referred to the director of AIIMS who may constitute a team of doctors to conduct a thorough examination and submit a report on whether he should be admitted as a patient," the Court directed.
The Court added that there must be a comprehensive medical examination."Doctors will know whether he is to be treated as an in patient or an out patient. There will be a comprehensive examination," the Bench remarked.It then posted the case for hearing next on July 30.The Court was hearing Asaram's plea challenging the Rajasthan High Court's decision to uphold his conviction for sexually assaulting a minor devotee in Jodhpur in 2013.Asaram has also sought interim bail while his appeal remains pending.
The Court had earlier indicated that it was not inclined to grant such interim relief without hearing the State's response in detail or unless Asaram's health condition clearly warrants it.A few days ago, Asaram’s counsel told the Court that he has developed “acute internal bleeding” following which the Court listed the matter today.
Today, Solicitor General Tushar Mehta, appearing for State of Rajasthan, said that just 3 months ago, Asaram undertook journeys to Kashi Vishwanath and Ayodhya after getting bail on medical grounds."He got the bail on the ground that he was in vegetative state. But now he is roaming around," the SG said.
The Court made it clear that it will not grant bail unless it is satisfied that medical condition of Asaram warrants release from jail."We said we are not granting bail except if we are satisfied it is required on a medical ground. Let the (medical) report come," the Court stated.
The case involves allegations that a devotee of Asaram Bapu, then a minor, had been wrongfully confined in the godman's ‘kutiya’ (thatched house) at his ashram in Jodhpur's Manai in August of 2013 and subjected to penetrative sexual assault and criminal intimidation.
A trial court convicted Asaram Bapu and two co-accused, hostel warden Sanchita Shilpi and school director Sharad Chandra, prompting them to move an appeal before the Rajasthan High Court.However, the High Court found that the ingredients of criminal conspiracy and gang rape were not made out. Therefore, it acquitted Asaram Bapu and the two co-accused of those offences.This led to the appeal before the Supreme Court.