The Supreme Court while hearing a plea filed by self-styled controversial godman, and 86-year-old spiritual leader, Asaram Bapu, seeking suspension of his sentence (SOS), has deferred its decision to January.
While Asaram’s lawyers urged the apex court to hear the matter both on medical grounds and the merits of the conviction, the bench, led by Justice M.M. Sundresh and Justice Aravind Kumar, confined its scrutiny strictly to the petitioner’s medical condition.
The spiritual leader, currently serving a life sentence for sexual assault, has sought temporary relief, citing deteriorating health and advanced age. His advocates highlighted that he has suffered multiple heart attacks in custody and faces life-threatening risks due to his frail condition.
Representing Asaram, Senior advocate Dama Sheshadri Naidu, along with advocates Rajesh Inamdar and Shashwat Anand, pressed the Court to consider both the health-based plea and the merits of Asaram’s case.
However, the bench made it clear that the scope of the current proceedings would remain limited to evaluating whether his medical condition justifies a temporary suspension of his sentence.
“The only question that arises for consideration is whether the petitioner is entitled to suspension of his sentence for a limited period on medical grounds,” the bench stated during the hearing.
Representing the State of Gujarat, Solicitor General (SG) Tushar Mehta opposed the plea, arguing that Asaram’s conviction for grave offences and the circumstances of the case do not warrant leniency at this stage.
The Supreme Court’s decision to restrict the plea to medical grounds underscores its cautious approach to balancing the demands of justice with humanitarian concerns. The upcoming hearing in January will focus on determining whether Asaram’s health condition necessitates a temporary reprieve and, if so, for how long.
Asaram, who has been in custody for over 11 years, awaits the Court’s verdict on whether his plea for temporary suspension of sentence on medical grounds will be granted.
The Supreme Court had in November issued notice to the Gujarat government and sought its reply, after hearing an appeal filed by Asaram, seeking SOS and bail in a conviction in a rape case in Gujarat.
He claimed that he is a victim of media trials and conspiracies aimed at seizing control of his Ashram.
The eighty-six-year-old spiritual leader is currently serving a life sentence for sexual assault in the Gujarat rape Case.
In his plea, filed through advocates Rajesh Inamdar and Shashwat Anand, Asaram alleged that his conviction was riddled with inconsistencies and relied solely on the uncorroborated testimony of the complainant.
"There is no medical or independent evidence to support the charges, arguing that he has been falsely implicated to tarnish his reputation and oust him from his Ashram," the lawyers argued.
The two-judge Bench of the apex court, led by Justice Sundersh and Justice Kumar, was hearing the appeal filed by Asaram.
The 86-year-old spiritual leader was convicted in January 2023 for offences under Sections 376(2)(C) (Rape), 377 (Unnatural Sex) and others of the Indian Penal Code (IPC) based on the allegations dating back more than two decades.
Citing severe health issues, including multiple heart attacks and critical co-morbidities, Asaram contended that continued incarceration amounts to a violation of his fundamental rights under Articles 14, 19, and 21 of the Constitution.
“Each passing day in prison erodes my health and dignity,” the octogenarian’s plea stated, adding that he has already served over 11 years behind bars and may not survive to see his pending appeal heard.
The Gujarat High Court had rejected Asaram’s plea for SoS in August 2024, citing his prior criminal convictions and other pending cases.
However, Asaram argued that these unrelated proceedings have no bearing on his right to bail in this matter, emphasizing that justice should not be denied based on “moral prejudice” or irrelevant considerations.
The petition also highlighted systemic judicial delays, pointing out that criminal appeals in Gujarat often remain pending for several decades. Asaram’s counsel argued that his advanced age and deteriorating health make his case an urgent.
