On Friday, the Rajasthan High Court, while hearing Asaram’s plea in connection with his 2013 rape conviction, observed that the 86-year-old convict’s medical condition had become critical and that the appeal in the matter had remained pending for years despite repeated directions from the Supreme Court for early disposal.
Asaram was convicted by a Jodhpur sessions court in April 2018 for raping a minor girl at his ashram in 2013 and sentenced to life imprisonment under the POCSO Act. His criminal appeal challenging the conviction and sentence has been pending before the Rajasthan High Court since 2018.
During the hearing, the Court noted that the appeal was being taken up on a priority basis, but older matters from 2014 were yet to be heard. The judges referred to their earlier order dated October 14, where the Court had permitted Asaram to remain admitted in an Ayurvedic hospital owing to his serious medical condition.
Medical reports placed before the Bench reflected that Asaram was suffering from multiple ailments, including IHD-NSTEMI-DV with LV Systolic dysfunction, hypothyroidism, hypertension, diabetes mellitus type-2, anaemia (thalassemia trait), recurrent gastrointestinal bleeding, and loss of bladder and bowel control.
Counsel for Asaram submitted that the convict’s health had deteriorated to such an extent that he was now in a “vegetative condition,” unable to perform daily activities and requiring continuous medical supervision. It was argued that the jail lacked proper medical facilities and that the prolonged pendency of his appeal warranted a suspension of sentence.
The defence further highlighted that, under liberty granted by the Apex Court, the Gujarat High Court had previously extended temporary bail for Asaram on medical grounds.
The State opposed the plea, maintaining that sufficient medical care and treatment facilities were available within the jail premises. The counsel for the survivor strongly resisted the suspension request, urging the court to prioritize hearing the appeal on the merits instead of releasing the convict.
The Division Bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sangeeta Sharma observed that although the appeal was listed for priority hearing, the heavy backlog made its early disposal unlikely. The Court emphasised that adequate medical treatment is a right available to every convict, yet in Asaram’s case, the jail authorities themselves admitted that certain facilities were not available.
Taking note of the serious ailments detailed in the medical reports and his inability to perform routine activities, the judges remarked that Asaram’s health condition required continuous and specialized treatment beyond what could be provided in jail.
In light of these findings, the High Court suspended Asaram’s life sentence for six months on medical grounds, allowing him to undergo treatment outside prison. He was directed to furnish a personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each to the satisfaction of the Jail Superintendent.
The Court instructed that Asaram must submit periodic medical reports detailing the treatment received during the six-month period and surrender himself to jail authorities upon completion of the bail term. It also directed that his appeal be listed for hearing expeditiously, and if not heard within six months for reasons not attributable to him, a fresh suspension plea may be moved.
Disclaimer: This news/ article includes information received via a syndicated news feed. The original rights remain with the respective publisher.
Picture Source :
