SC denies Asaram interim bail, allows 24/7 caregiver on AIIMS advice
Synopsis
Key Takeaways
The Supreme Court on Thursday, 6 August refused to grant interim bail to rape convict and self-styled godman Asaram on medical grounds, but directed that he be permitted round-the-clock assistance from a trained caregiver of his choice, in line with a medical assessment submitted by the All India Institute of Medical Sciences (AIIMS). The ruling leaves his application for suspension of sentence pending, with liberty to approach the court again if his condition worsens.
What the Court Ordered
A bench of Justices M.M. Sundresh and P.B. Varale passed the order after taking on record the AIIMS medical board's finding that Asaram does not require hospitalisation but needs continuous care. 'The petitioner will have liberty to have assistance of a trained caregiver of his choice on a round-the-clock basis,' the bench stated while adjourning the application. The court kept the sentence-suspension plea alive, allowing Asaram to mention the matter again should his health deteriorate further.
Parole Row Surfaces in Court
Solicitor General Tushar Mehta, appearing for the Rajasthan government, alleged that Asaram had suppressed material facts by securing a 20-day parole from the Rajasthan High Court without disclosing that an interim bail application was already pending before the Supreme Court. Mehta further submitted that the parole grant was also not brought to the apex court's notice. On being informed of the parole, Justice Sundresh-led bench expressed surprise, remarking, 'After our order?' and observed that Asaram's conduct was 'not correct.' Asaram's counsel countered that the parole application had been filed prior to the Supreme Court proceedings and that parole was not granted solely on medical grounds.
AIIMS Assessment and Medical History
The AIIMS medical board, constituted on the court's direction of 21 July, conducted a comprehensive evaluation and concluded that Asaram — who suffers from coronary artery disease, osteoporosis, chronic hyponatremia, thalassemia, and recurrent gastrointestinal episodes involving blood loss — does not need hospitalisation but requires continuous assistance from trained caregivers. The court's final order followed this assessment closely, granting the caregiver access without extending bail relief.
Background: Conviction and Legal Timeline
Asaram was convicted by a Special POCSO Court in Jodhpur on 25 April 2018 and sentenced to life imprisonment in the 2013 sexual assault case involving a minor student at his Chhindwara Gurukul. The Rajasthan High Court upheld the conviction and life sentence in a judgment dated 27 May, following which Asaram — who had been out on interim medical bail — surrendered before Jodhpur Central Jail on 28 May. On 30 June, the Supreme Court issued notice to the Rajasthan government on his special leave petition challenging the High Court verdict, but declined interim relief at that stage. Asaram is also serving a life sentence in a separate sexual assault case involving a woman disciple at his Gandhinagar ashram in Gujarat.
What Happens Next
With the sentence-suspension application still pending, the matter is likely to return to court if Asaram's health condition changes materially. The Rajasthan government's allegation of suppression of facts regarding the parole could also factor into future hearings. Legal observers note that the court's pointed remarks about Asaram's conduct signal it will scrutinise future applications closely.