The Supreme Court on Tuesday issued notice to the Rajasthan government on a special leave petition filed by self-styled godman Asaram Bapu, challenging the Rajasthan High Court's decision affirming his conviction for the sexual assault of a minor devotee in Jodhpur in 2013.
A Bench of Justices MM Sundresh and Sheel Nagu clarified that it was not inclined to grant interim bail at this stage without first hearing the State or unless Asaram's medical condition demonstrated an exceptional need for such relief.
"We are not granting bail now. Subject to hearing the State, we will consider if there is grave necessity to grant bail, like (if his health condition is such that) his life is in danger. But we are issuing notice in the SLP. We have to consider it. Three weeks to file counter," the Bench observed.
The Court directed the Rajasthan government to file its counter affidavit within three weeks.
The case stems from allegations that a minor girl, who was a devotee of Asaram Bapu, was wrongfully confined inside the godman's kutiya (thatched hut) at his ashram in Manai, Jodhpur, in August 2013, where she was subjected to penetrative sexual assault and criminal intimidation.
Following trial, Asaram Bapu, along with hostel warden Sanchita Shilpi and school director Sharad Chandra, was convicted, prompting them to challenge the verdict before the Rajasthan High Court.
In May this year, the High Court upheld Asaram's conviction for rape and other offences under Sections 370(4), 342, 509, 506, 354A and 376(2)(f) of the Indian Penal Code, Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000, and Sections 3, 4, 7 and 8 of the Protection of Children from Sexual Offences (POCSO) Act.
However, the High Court acquitted Asaram and the two co-accused of charges relating to criminal conspiracy and gang rape, holding that the prosecution had failed to establish the ingredients of those offences.
Aggrieved by the High Court's judgment upholding his conviction, Asaram approached the Supreme Court.
Arguments Before the Supreme Court
Appearing for Asaram, Senior Advocate DS Naidu urged the Court to consider the petitioner's advanced age and deteriorating health while hearing his request for interim relief. He also argued that Asaram had been subjected to a "social media trial."
"Many a time your lordship has heard this case. He is 90 now and he has medical issues. He was given treatment at an Ayurvedic hospital. This Court is our only hope, because now the conviction is by the social media," Naidu submitted.
Opposing any interim relief, the State argued that the case concerns the sexual assault of a minor and pointed out that Asaram had already been provided medical treatment whenever required, including earlier this month. Therefore, there was no justification for granting bail on medical grounds, the State contended.
The Bench observed that the medical treatment currently being provided to Asaram should continue and said the plea for interim bail would be considered only after hearing the State.
The Court further clarified that if Asaram's health were to deteriorate significantly, he would be at liberty to seek urgent listing of the matter.
"We can just say medical facility given to petitioner shall continue. If there is absolute necessity to preserve life, we may grant liberty and not delay. But we will hear the State. We have to do justice. We have to see now that the petitioner also enjoys a dominant position. Let the treatment given so far be continued. List after reopening. Liberty to the petitioner for urgent mention in case condition deteriorates," the Bench observed.
Advocates Shraddha Deshmukh, Sarthak Gupta and Kaustabh Khanna appeared on behalf of the minor victim.
