The Supreme Court on Tuesday, 21 July directed the Director of the All India Institute of Medical Sciences (AIIMS) to constitute a medical board within one week to examine the health condition of convicted self-styled godman Asaram Bapu, who has sought interim bail on medical grounds. The bench made clear it would rule on his bail prayer only after receiving an independent medical assessment.

What the Court Directed

A bench of Justice M.M. Sundresh and Justice P.B. Varale ordered the medical board to submit a detailed report within a week of its constitution. 'We are not granting regular bail except if we are satisfied it is required on a medical ground. Let the report come,' the Justice Sundresh-led bench observed. Asaram's counsel had specifically requested that a specialised team of doctors conduct a comprehensive examination and determine whether hospitalisation was medically warranted.

Rajasthan Government's Objection

Solicitor General Tushar Mehta, appearing for the Rajasthan government, opposed the plea, questioning the credibility of Asaram's medical claims. 'He got bail on the grounds that he was in a vegetative state. But now he is roaming around,' SG Mehta submitted, pointing to Asaram's reported visits to Kashi Vishwanath and Ayodhya approximately three months ago. The apex court, noting this contradiction, declined to grant any interim relief without an independent assessment.

Background and Previous Hearings

Last week, the Supreme Court had asked the Rajasthan government to examine Asaram's medical reports and advise whether his condition warranted interim bail. During that hearing, SG Mehta had maintained that Asaram was presently fit, while Asaram's counsel countered that his client remained at 'high risk.' The court had then indicated that interim bail could be considered for a limited period solely for treatment, if the medical condition genuinely warranted it.

On 30 June, the Supreme Court had issued notice to the Rajasthan government on Asaram's special leave petition (SLP) challenging the Rajasthan High Court's judgment that upheld his conviction and life sentence. The apex court had declined to grant any interim relief at that stage, stating it would first hear the state's position before considering a suspension of sentence.

The Conviction and the Case

Asaram was convicted on 25 April 2018 by a Special POCSO Court in Jodhpur and sentenced to life imprisonment for the sexual assault of a minor student at his Manai Ashram on the night of 15 August 2013. The victim was a student at Asaram's Chhindwara Gurukul. The Rajasthan High Court affirmed this conviction and sentence in its 27 May judgment.

Following the High Court verdict, Asaram — who had been out on interim medical bail — surrendered before Jodhpur Central Jail on 28 May after undergoing a medical examination. He is also serving a life sentence in a separate sexual assault case involving a woman disciple at his Gandhinagar ashram in Gujarat. The AIIMS board's report, expected within a week, will determine the court's next move on the bail question.