Supreme Court Examines 86-Year-Old Asaram Bapu’s Appeal for Suspension of 2013 Life Sentence on Health Grounds

The Supreme Court of India issued notice to the Gujarat Government on November 22, 2024, in a Special Leave Petition (SLP) filed by self-styled godman Asaram Bapu. He seeks suspension of the life sentence imposed by the Gandhinagar District Court in a 2013 rape case involving the sexual assault of a female disciple at his Ahmedabad ashram.

Background of the Case

• Trial Court Conviction:
  • Asaram Bapu was convicted under multiple provisions of the Indian Penal Code (IPC), including:
    • Section 376 (rape),
    • Section 377 (unnatural offences),
    • Section 342 (wrongful confinement),
    • Section 506 (criminal intimidation),
    • Section 357 (assault or criminal force to wrongfully confine a person), and
    • Section 354 (assault or criminal force to outrage a woman’s modesty).
  • He was sentenced to life imprisonment for repeatedly raping his female disciple.
• Rejection by the Gujarat High Court:
  • Asaram Bapu sought suspension of his sentence from the Gujarat High Court, citing grounds including his health.
  • The High Court, through a bench of Justices Ilesh J. Vora and Vimal K. Vyas, rejected the plea in August 2023, holding that the trial court's findings were prima facie valid and did not warrant interference.

Hearing in the Supreme Court

• The matter was heard by a bench comprising Justices M.M. Sundresh and Aravind Kumar.
• Representing Asaram Bapu, Senior Advocate Dama Seshadri Naidu argued that the petitioner’s advanced age (86 years) and severe health issues necessitate suspension of his sentence.

Key Observations from the Bench

• Justice Kumar inquired whether Asaram had challenged the Rajasthan High Court's earlier rejection of his plea for suspension of sentence on health grounds in another conviction involving the rape of a minor.
• The bench noted that, in March 2024, the Rajasthan High Court had allowed Asaram to receive ayurvedic treatment at the 'Arogayadham Center' in Jodhpur under police custody, following earlier directions from the Supreme Court.

Medical Grounds Cited by the Petitioner

• The petitioner’s counsel highlighted the following health concerns:
  • He has suffered two heart attacks.
  • He has three heart blockages and cannot undergo bypass surgery due to his fragile condition.
  • Doctors have advised him to remain in a temperature-controlled environment, especially during winter, to prevent further health deterioration.
  • A "100-page medical report" prepared by AIIMS and other hospitals was submitted to the Court.
• Justice Sundresh remarked, "We will find out his medical condition and then we will consider," suggesting that the Court would evaluate the submitted medical evidence before deciding.
• Justice Kumar pointed out that the petitioner had earlier refused allopathic treatment but accepted homoeopathic and ayurvedic treatments. The counsel clarified that this refusal stemmed from the petitioner’s inability to withstand invasive procedures.

Arguments by the Petitioner’s Counsel

• Senior Advocate Dama Seshadri Naidu, along with Advocates Rajesh Inamdar and Shashwat Anand, argued:
  • The petitioner’s decision to refuse specific treatments was guided by medical incapacity, not obstinacy.
  • Given his advanced age and health, the suspension of his sentence is a humanitarian necessity.

Current Status

The Supreme Court issued notice to the State of Gujarat and will review the petitioner’s medical condition before considering the request for suspension of sentence.

Case Details: ASHUMAL @ ASHARAM v. THE STATE OF GUJARAT., SLP(Crl) No. 15945/2024