THE BEYOND OBITER LAW BLOG: Legal News
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The Supreme Court has refused to grant interim bail or suspend the life sentence of self-styled godman Asaram, making it clear that routine medical ailments cannot justify release from custody. At the same time, the Court issued notice on his Special Leave Petition challenging the Rajasthan High Court’s judgment, observing that notice was necessary as the petitioner is serving a sentence of imprisonment for life.
The order was passed by a Bench comprising Justice M. M. Sundresh and Justice Sheel Nagu.
The appeal challenges the judgment of the Rajasthan High Court, which partly modified Asaram’s 2018 conviction by setting aside his convictions for criminal conspiracy, common intention and gang rape, while affirming his conviction for the rape of a minor under Section 376(2)(f) of the Indian Penal Code and the relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act. The High Court had upheld the sentence of rigorous imprisonment for the remainder of his natural life.
During the hearing, senior counsel appearing for Asaram urged the Court to consider his advanced age, deteriorating health and continued medical treatment while in custody. It was submitted that he is nearing ninety years of age and suffers from multiple ailments requiring specialised care.
Counsel appearing for the victims opposed the plea, pointing out that the petitioner is already receiving medical treatment in custody and that the present case concerns sexual offences against minor victims under the POCSO Act, making it distinct from other proceedings involving adult victims.
Refusing interim bail, the Supreme Court made it clear that the pendency of the appeal would not automatically entitle the petitioner to suspension of sentence. The Bench observed that only an exceptional medical situation posing a real danger to life could justify consideration of interim relief.
Justice Sundresh observed:
“We are not considering a suspension of sentence... There may be some usual health issue that we are not going to consider. If it is not given, then it will be a danger to his life. Unless that situation is there, that is the only factor we will consider.”
The Court nevertheless issued notice in the Special Leave Petition, observing that the challenge to the conviction must be examined since the petitioner is serving a life sentence.
Taking note of submissions that Asaram is presently undergoing treatment in hospital while in judicial custody, the Bench directed that the existing medical facilities extended to him shall continue. However, it expressly clarified that the order should not be interpreted as granting regular bail or indicating any inclination to suspend his sentence.
The Court further observed that cases involving individuals occupying positions of significant spiritual or institutional authority require careful judicial scrutiny and cannot be approached like ordinary criminal prosecutions. It remarked that allegations involving abuse of such dominant positions must be examined with due sensitivity while considering the overall factual matrix.
The matter has been directed to be listed after four weeks. The Court, however, granted liberty to the petitioner to seek an urgent listing in the event of any genuine medical emergency affecting his health.