The Rajasthan High Court has directed that all medical facilities, accommodations and permissions previously granted to self-styled godman and rape convict Asaram Bapu by the High Court and the Supreme Court shall continue during his incarceration, notwithstanding the dismissal of his appeal against conviction and the cancellation of his interim bail.
The single-judge Bench of Justice Sanjeev Prakash Purohit passed the order while disposing of a criminal writ petition filed on behalf of Asaram challenging the withdrawal of certain facilities by the Jodhpur Central Jail administration after his surrender on May 28.
The Court held that a prisoner’s age, medical condition and healthcare requirements do not cease merely because the appellate proceedings against him have concluded. It observed that facilities granted through earlier judicial orders were intended to safeguard his medical needs and human rights and should continue to remain operative in the same manner.
Counsel appearing for Asaram submitted that despite there being no improvement in his health condition, several facilities previously made available pursuant to judicial directions had been discontinued by the jail authorities after his return to prison. It was argued that the withdrawal of these facilities adversely affected his medical treatment and overall well-being.
The Court examined medical records placed on record, which indicated that the 85-year-old convict suffers from multiple chronic ailments, including serious cardiac disease, diabetes, kidney-related complications, osteoporosis, muscular weakness and other age-related health conditions requiring continuous medical supervision and care.
Taking note of these circumstances, the Court directed the jail administration to continue permitting food from private sources in accordance with earlier judicial orders. The arrangement allowing one meal from outside the prison was ordered to remain unchanged. The Court also permitted the continued supply of alkaline water, subject to the conditions stipulated in previous orders passed by competent courts.
The High Court further directed that the services of two assistants be continued to assist Asaram during his incarceration. However, it declined his request for the appointment of assistants of his own choice. The Court held that the responsibility for selecting suitable and willing assistants would remain with the jail administration in accordance with prison regulations and administrative requirements.
The Court also rejected the prayer seeking permanent permission for a private ambulance to remain at his disposal. At the same time, it directed the authorities to ensure that an appropriate ambulance is made available whenever required in the event of a medical emergency.
Additionally, the Court permitted private physician Dr. Sachit Bhola to meet and examine Asaram inside the jail premises once every fifteen days. It clarified that all medical facilities, permissions and accommodations granted under earlier orders of the Supreme Court and the High Court would continue to remain in force unless modified by a competent court.
However, the Court declined to grant certain additional facilities sought by Asaram, including a temperature-controlled ward and permanent deployment of a private ambulance, holding that continuation of the previously sanctioned arrangements would sufficiently address his medical requirements.
The order comes shortly after a Division Bench comprising Justice Arun Monga and Justice Yogendra Kumar Purohit dismissed Asaram’s appeal and upheld his conviction and sentence in the 2013 sexual assault case involving a minor student at his Jodhpur ashram.
While affirming the trial court’s judgment, the Division Bench upheld the sentence of life imprisonment imposed upon Asaram and observed that although prison walls may confine a convict, they cannot erase or contain the lifelong trauma suffered by a victim of sexual assault.
Consequently, the Court cancelled the interim bail that had earlier been granted to Asaram and directed him to surrender immediately. Pursuant to the order, he returned to Jodhpur Central Jail to serve the remainder of his sentence.
In the same judgment, the High Court acquitted co-accused Shilpi, a hostel warden, and Sharat Chandra, Director of the Gurukul, after finding insufficient evidence to establish their involvement in any criminal conspiracy connected with the offence.
The criminal case dates back to August 2013, when allegations emerged that a minor student had been sexually assaulted inside a hut located within Asaram’s Manai Ashram in Jodhpur. Following investigation and trial, a Rajasthan court convicted Asaram in April 2018 and sentenced him to life imprisonment.
Following the recent dismissal of his appeal by the Rajasthan High Court, Asaram remains lodged in Jodhpur Central Jail, where the medical facilities and accommodations granted through earlier judicial orders will continue to be available in accordance with the latest directions of the High Court.
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