SC Rejects Asaram’s Plea For Sentence Suspension In Rape Case On Health Grounds

New Delhi: The Supreme Court on Friday dismissed a plea by self-styled godman Asaram, who is serving a life sentence in a rape case, to suspend his sentence due to his failing health. The court told senior advocate Mukul Rohatgi, who represented Asaram, to seek relief from the Rajasthan High Court instead. Rohatgi had said that Asaram was ready to follow the public prosecutor’s suggestion of getting treatment at Madhavbaug Heart Hospital in Maharashtra’s Khopoli under police custody.

The court asked Asaram to file an application before the Rajasthan High Court for permission to get treatment at Madhavbaug Heart Hospital and said it would be decided as per the law. The court also expressed concern over Asaram’s “deliberate attempts” to stall the hearing of his appeal against his conviction and sentence in the high court.

The court ordered a speedy hearing of his appeal after Rohatgi claimed that Asaram had suffered multiple heart attacks and was suffering from anaemia with gastrointestinal bleeding, along with other age-related diseases.

In his plea, filed through advocate Rajesh Gulab Inamdar, Asaram said he had spent more than 11 years and 7 months in jail in the case.

“The petitioner respectfully submits that he is suffering from a number of life-threatening health problems, such as heart disease, hypothyroidism, anaemia with gastrointestinal bleeding, benign prostatic hyperplasia, and a history of diabetes, hypertension, COVID-pneumonia and urosepsis, a deadly urinary tract infection,” the plea stated.

It added that Asaram had been diagnosed with ischemic heart disease and acute coronary syndrome, which meant that his heart was not getting enough oxygen-rich blood, and melena-black, tarry stools- due to constant intestinal bleeding.

“The petitioner’s situation is extremely dangerous and fatal, where his imprisonment is deteriorating his condition with every passing moment and can lead to his horrible and agonizing death. The petitioner is afraid that he might face the same fate as Stan Swamy, who died in jail while his case was pending for hearing,” the plea said.

On July 5, 2021, priest-activist Stan Swamy (84), who was arrested under anti-terror law in the Elgar Parishad case, passed away in a Mumbai hospital while he was fighting for bail on health grounds.

Asaram’s plea said that he was in a weak and anaemic state due to his old age and was plagued by fatal diseases that were eroding and tormenting his body and mind. He did not think that he would survive the heart bypass surgery.

“He has a strong case on merits and has every hope of winning his appeal, which is pending before the Rajasthan High Court at Jodhpur. However, it may not be wrong to say that given his continuous imprisonment that is destroying his body day-by-day, he may not live to see the day that he is finally cleared of all charges and his appeal is upheld and becomes final up to this court,” the plea said.

Asaram’s plea said that under these circumstances, he had no one to pray to but God and this court alone, and if they did not come to his rescue immediately to save his life, it might be too late. He would, it said, be forced to accept the most severe punishment of all known to mankind, the death penalty, pending appeal.

“It is respectfully submitted that the petitioner has not been given relief for even a single day and his request for even a grant of parole has been denied by the high court inter alia because the grant of parole also will be a useless exercise,” it said.

In 2018, the self-styled godman was found guilty by a special POCSO court in Jodhpur of sexual assault, including rape, and sentenced to imprisonment for the rest of his natural life.