Rajasthan HC Jodhpur Bench comprising Justice Sandeep Mehta and Justice Devendra Kachhawaha, while dealing with a plea filed by Asaram Bau's son wherein he sought temporary suspension of his sentence for proper medical care, has ordered the dismissal of the plea and has directed the authorities to take proper care of his medical health as advised by AIIMS.
Background of the Case
The instant application for temporary suspension of sentences was moved on behalf of the convict appellant Asharam, aged about 83 years. It may be mentioned here that the applicant-appellant is also facing trial in another case at Gujarat involving the offense under Section 376 IPC and is in custody in connection with the said case as well. As per the material available on record, the applicant-appellant got infected by the COVID-19 Virus while suffering from Life Imprisonment at the Central Jail, Jodhpur and as a measure to provide treatment, he was shifted to the M.D.M. Hospital, Jodhpur.
Since the health status of the convict appellant was not improving at the M.D.M. Hospital, he was shifted to the All India Institute of Medical Sciences (AIIMS), Jodhpur where he was provided complete treatment for COVID-19 infection as per protocol. In the intervening period, the appellant developed internal gastrointestinal bleeding as a result whereof, his haemoglobin dropped to a critically low level, and accordingly, he was provided treatment for the said disorder including blood transfusion, etc.
A medical report/ summary (dated 19.05.2021) of the treatment provided to the convict appellant has been received from the All India Institute of Medical Sciences, Jodhpur which stated that his condition was stable and he was fit for discharge. He required further investigations and follow-up for his gastrointestinal bleeding.
Submission of the Counsels
The learned Senior Counsel Shri J.S. Choudhary vehemently and fervently urged that the convict did not desire to take the allopathic line of treatment and instead, his followers may be allowed to set up a fully functional medical facility at his Ashram at Pal Village, Jodhpur so that he can be treated by Ayurveda.
Shri Choudhary further submitted that in case, the sentences awarded to the appellant were suspended, he and his followers were ready and willing to abide by any condition which may be imposed by the Court. It was stated that the appellant may be sent to the Rajasthan Ayurved University, Karwar, Jodhpur for treatment of his gastrointestinal bleeding and other ailments.
Order of the Court
The Bench after taking into consideration the recommendation of the AIIMS and submission of Petitioner stated that, as of date, there was no certificate/ opinion of the doctors of the said University that the ailments with which, the convict appellant was afflicted, can be treated by Ayurveda. It mentioned that at the All India Institute of Medical Sciences, Jodhpur, when the haemoglobin levels of the convict appellant dropped, he had to be infused with blood transfusion so that the haemoglobin level could be improved. Admittedly, a blood transfusion would not be possible at the Rajasthan Ayurved University, Karwar, Jodhpur.
Court in its order held that,
“Be that as it may. Suspending the sentences awarded to the appellant in this case would be nothing short of an exercise in futility because immediately on his release from the Central Jail, Jodhpur, he would be required to be taken to State of Gujarat in connection with the case pending trial as a production warrant certainly would be in force. The prayer of Shri Choudhary that a medical facility can be set up at the Ashram of the appellant in Pal Village, Jodhpur so as to provide him treatment is also not tenable because this Court is cognizant of the fact that whenever, the convict has been taken out from prison even for attending the dates of hearing during trial, his followers would to form huge congregations which would create law and order situations and presently, the risk of spread of COVID infections would become imminent. Otherwise, no medical facility is available at the Ashram.”
Moreover, the Court ordered the district and jail administration to ensure that proper treatment is provided to the convict appellant at the suitable medical institution in light of the observations made in the medical reports/ certificates issued from the All India Institute of Medical Sciences, Jodhpur. It shall also be ensured that no sooner, the convict is lodged back at Jail after recovery, he will be provided proper treatment, a nutritious diet, and a safe environment looking to his old age and medical condition.
Along with this, the instant application for temporary suspension of sentences is dismissed.
Case Details
Case Title: Asharam v. State of Rajasthan
Bench: Justice Sandeep Mehta and Justice Devendra Kachhawaha
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