On June 4, the Supreme Court issued a notice in response to Asaram Bapu's bail plea citing medical issues. In pursuance of this development, the father of the child rape survivor has moved the top Court opposing his bail plea citing apprehension of threat to the life and liberty of family his members.
Background
Asaram Bapu filed an application seeking a temporary suspension in view of his medical condition. He is a life convict and is also facing a charge in Gujarat in a separate case. He was infected by the Coronavirus in the jail and thus was shifted to M.D.M. Hospital, Jodhpur, and then to AIMS.
Rajasthan High Court Order (Bail Rejected)
During this, he developed gastrointestinal bleeding, due to which his hemoglobin dropped, and his condition got critical. After which, he filed a plea seeking temporary suspension of sentence in Rajasthan High Court. After viewing the report given by the AIMS doctors wherein it was stated that he was stable and fit to discharge, the Court dismissed the plea.
However, in the report, it was advised that he did a follow-up on his gastrointestinal bleeding. It was submitted in the application that if in case the plea was accepted- Asaram Bapu and his followers were ready to abide by any condition imposed by the Court. But the Court rejected the plea and directed-
"The district and jail administration to ensure that proper treatment is provided to the convict appellant at the suitable medial institution in light of the observations made in the medical reports/ certificates issued from the All India Institute of Medical Sciences, Jodhpur."
June 4 Order of Supreme Court
Asaram Bapu filed a petition in the Supreme Court after the Rajasthan HC rejected his plea. The Supreme issued a notice challenging Rajasthan HC’s order. A Bench of Justices BR Gavai and Krishna Murari heard the submissions and issued the notice stating that it would be returnable in one week. Further, the plea to examine if he could be shifted to an ayurvedic facility has been accepted by the Court.
Latest Development: Opposition to Bail Plea by Family of Rape Survivor
"It is humbly submitted that the petitioner (Asaram) is highly influential and politically connected and has a force of millions of blind followers around the country, and also a hired killer Kartik Haldar who killed and attacked eyewitnesses, confessed to the Police that Petitioner ordered the killings," the father of rape survivor said in the application.
He said that till now 10 eyewitnesses were attacked and in all likelihood, if Asaram was granted bail, he might organize revenge killing of the child rape victim and her family and eyewitnesses of the case pending at Surat, Gujarat.
"Recently also, the applicant herein has been threatened by the followers/ henchmen of the petitioner (Asaram) and shockingly the State of Uttar Pradesh has reduced the security of the applicant and his family, and they are again very vulnerable to murderous attacks by the followers/henchmen of the petitioner," the application said.
The plea filed through advocate Utsav Bains said that in case Asaram was admitted to interim bail, there was a likelihood that out of vengeance, he might get the applicant, his daughter, and his family members killed.
"The petitioner (Asharam) herein has no regard to the rule of law and indulged in getting the prosecution witnesses threatened or eliminated who stood against him. And the Petitioner in all likelihood would do the same and with greater impunity and ease when granted bail and is out of Jail. It is humbly submitted that the petitioner herein does not deserve any leniency and his bail application is liable to be dismissed," the plea said.
Source [Opposition to Asaram's Bail Plea by Family of Rape Survivor]
Read June 4 Order@LatestLaws.com
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