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SC Junks Asaram's Plea to Suspend Sentence on Medical Grounds to Undergo Treatment

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By ETV Bharat English Team

Published : Mar 1, 2024, 1:29 PM IST

The Supreme Court on Friday refused to entertain a plea filed by self-styled godman Asaram Bapu, serving life-term in a rape case, against a Rajasthan High Court order rejecting his plea for suspension of the sentence because of his deteriorating health condition, writes ETV Bharat's Sumit Saxena.

The Supreme Court on Friday refused to entertain a plea filed by self-styled godman Asaram Bapu, serving life-term in a rape case, against a Rajasthan High Court order rejecting his plea for suspension of the sentence because of his deteriorating health condition, writes ETV Bharat's Sumit Saxena.
Supreme Court and Asaram Bapu (Source: IANS)

New Delhi: The Supreme Court on Friday declined to entertain a plea by self-styled Godman Asaram Bapu against a Rajasthan High Court order, which rejected his plea for suspension of sentence. Asaram had urged the high court to suspend his sentence in view of his deteriorating health.

Senior advocate Mukul Rohatgi appeared for Asaram before a bench comprising justices Sanjiv Khanna and Dipankar Datta. The bench told Rohatgi that it is not inclined to entertain the plea. Rohatgi said an appropriate application will be moved before the high court. Refusing to entertain the plea, the bench said that if any such application is moved, the same would be considered and the high court may take up the hearing of the main appeal expeditiously.

The apex court asked Asaram to approach Rajasthan High Court with a plea for ayurvedic treatment in police custody.

Without commenting on merits, in view of his acceptance of the state's proposal to allow treatment in police custody, the apex court clarified that Asaram Bapu shall be at liberty to approach the high court to seek treatment at an Ayurvedic Hospital. Asaram was convicted for rape of a minor.

Asaram moved the apex court after the high court rejected his plea observing that a law-and-order situation may arise if he is permitted to undergo treatment "on his own" instead of in "police custody”.

In his plea before the apex court, Asaram cited fatal medical emergency and rapidly deteriorating health conditions for suspension of sentence. The plea assailed the January 11 order passed by the High Court of Rajasthan at Jodhpur, dismissing his suspension of sentence (SoS) Application, which was filed on medical grounds and also on the ground that he is innocent and has already undergone more than 11 years in imprisonment.

The plea filed through advocates Rajesh Inamdar and Shashwat Anand, submits that at the midnight of February 21, 2024, petitioner suffered massive pain in his chest and was rushed to AIIMS Jodhpur, which marks the third instance within a mere four-month period where the petitioner has been rushed to the hospital in critical condition due to severe heart pain / heart attack.

New Delhi: The Supreme Court on Friday declined to entertain a plea by self-styled Godman Asaram Bapu against a Rajasthan High Court order, which rejected his plea for suspension of sentence. Asaram had urged the high court to suspend his sentence in view of his deteriorating health.

Senior advocate Mukul Rohatgi appeared for Asaram before a bench comprising justices Sanjiv Khanna and Dipankar Datta. The bench told Rohatgi that it is not inclined to entertain the plea. Rohatgi said an appropriate application will be moved before the high court. Refusing to entertain the plea, the bench said that if any such application is moved, the same would be considered and the high court may take up the hearing of the main appeal expeditiously.

The apex court asked Asaram to approach Rajasthan High Court with a plea for ayurvedic treatment in police custody.

Without commenting on merits, in view of his acceptance of the state's proposal to allow treatment in police custody, the apex court clarified that Asaram Bapu shall be at liberty to approach the high court to seek treatment at an Ayurvedic Hospital. Asaram was convicted for rape of a minor.

Asaram moved the apex court after the high court rejected his plea observing that a law-and-order situation may arise if he is permitted to undergo treatment "on his own" instead of in "police custody”.

In his plea before the apex court, Asaram cited fatal medical emergency and rapidly deteriorating health conditions for suspension of sentence. The plea assailed the January 11 order passed by the High Court of Rajasthan at Jodhpur, dismissing his suspension of sentence (SoS) Application, which was filed on medical grounds and also on the ground that he is innocent and has already undergone more than 11 years in imprisonment.

The plea filed through advocates Rajesh Inamdar and Shashwat Anand, submits that at the midnight of February 21, 2024, petitioner suffered massive pain in his chest and was rushed to AIIMS Jodhpur, which marks the third instance within a mere four-month period where the petitioner has been rushed to the hospital in critical condition due to severe heart pain / heart attack.

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