Supreme Court refuses to entertain Asaram’s plea for suspension of sentence in rape case on health grounds

New Delhi, March 1

The Supreme Court on Friday refused to entertain a plea by self-styled godman Asaram, serving life term in a rape case, for suspension of the sentence because of his deteriorating health.

A bench of Justice Sanjiv Khanna and Justice Dipankar Datta asked senior advocate Mukul Rohatgi to approach the Rajasthan High Court for relief after he said Asaram was willing to accept the public prosecutor’s suggestion that he could undergo treatment at Madhavbaug Heart Hospital in Maharashtra’s Khopoli in police custody.

The bench asked Asaram to submit an application before the Rajasthan High Court seeking permission for treatment and it would be considered in accordance with law.

Justice Khanna also flagged ‘deliberate attempts’ by Asaram to delay the hearing of his appeal before the high court against his conviction and sentence in the case.

The top court directed expeditious hearing of his appeal after Rohatgi said Asaram has had multiple heart attacks and suffers from anaemia with gastrointestinal bleeding, besides other age-related ailments.

In his plea filed through advocate Rajesh Gulab Inamdar, Asaram said he has served more than 11 years and 7 months in the case.

“It is respectfully submitted that the petitioner is afflicted with a myriad of mortal health conditions, including heart disease, hypothyroidism, anaemia with gastrointestinal bleeding, benign prostatic hyperplasia, and a history of diabetes, hypertension, COVID-pneumonia and urosepsis, a fatal urinary tract infection,” the plea said.

It said Asaram has been diagnosed with ischemic heart disease and acute coronary syndrome, which means that there is a dearth of oxygenated blood supply to his heart, and melena-black tarry stools- due to continuous intestinal bleeding.

“The petitioner’s case has put him in a lethal life-and-death situation, where his internment in prison is worsening his condition with every passing moment and can result in his terrible and painful demise. The petitioner fears that he may be consigned to the same fate suffered by Stan Swamy who died in prison while his matter was pending for hearing,” the plea said.

On July 5, 2021, priest-activist Stan Swamy (84), arrested under anti-terror law in the Elgar Parishad case, died in a Mumbai hospital in the middle of his fight for bail on health grounds.

Asaram’s plea said he being at an advanced age is in a frail and anaemic state, battered by fatal diseases corroding and tormenting his body and mind, and he does not believe that he would survive the heart bypass surgery.