SC allows Asaram to engage trained care taker of his choice, no interim bail
The Supreme Court on Thursday denied interim bail as of now to self-styled godman Asaram, who is serving a life sentence in a 2013 case of sexually assaulting a minor, but allowed him to engage a trained caretaker of his choice for round-the-clock assistance.
A bench of Justices M M Sundresh and PB Varale kept the plea filed by Asaram, seeking interim bail on health grounds, pending while granting him liberty to mention his case if his health deteriorates.
During the hearing, Solicitor General Tushar Mehta submitted that Asaram has suppressed from the court that his counsel moved an application for parole.
The counsel for Asaram said the parole was filed much earlier and that it was not granted on health grounds.
The Rajasthan High Court had earlier granted 20-day parole to Asaram, saying the state Government failed to justify its decision to reject his parole application. The HC had granted relief to the 85-year-old Asaram, lodged in Jodhpur Central Jail, taking note of the duration of his incarceration and his conduct during earlier periods of interim release. The top court was earlier informed that experts from AIIMS have suggested that Asaram does not require hospitalisation but needs round-the-clock medical assistance.
On July 21, the apex court had asked AIIMS to constitute a medical board to assess Asaram’s condition.
The Rajasthan High Court on May 27 upheld the conviction and life sentence awarded to Asaram in a case of rape of a minor in 2013.
On June 30, the apex court sought response from the Rajasthan Government on Asaram’s plea challenging the high court order.
The high court had upheld Asaram’s conviction in the case, but acquitted him of charges related to gangrape and penetrative sexual assault on a child under the erstwhile Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
However, the high court upheld his conviction under IPC Section 376(2)(F) pertaining to rape of the minor, thereby retaining the sentence of life imprisonment awarded by the trial court.
The high court had also upheld convictions under several other provisions, including Sections 342 (wrongful confinement), 370(4) (trafficking), 506 (criminal intimidation), 509 (insulting the modesty of a woman), 354(A) (sexual harassment) of the IPC, along with Sections 7/8 of the POCSO Act and Section 23 of the Juvenile Justice Act.
Earlier, Asaram was convicted on April 25, 2018, for sexually assaulting a minor student at his ashram and was sentenced to life imprisonment under multiple provisions of the IPC, the POCSO Act, and the Juvenile Justice Act.
