The Rajasthan High Court Yesterday (March 16th), sought a hospital report on the ayurveda treatment sought by jailed self-styled godman Asaram Bapu.
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The Rajasthan High Court called for a medical report concerning the ayurvedic treatment pursued by the imprisoned self-styled spiritual leader, Asaram Bapu. During a legal proceeding, Asaram put forth a petition requesting authorization for ayurvedic therapy at Madhavbaug Hospital, located in Pune, Maharashtra.
This led to Justices Vinit Mathur and Dinesh Mehta, presiding over the division bench, to mandate the provision of comprehensive details regarding the proposed treatment and its duration.
The court has instructed Asaram’s legal representative to gather the requisite information from the hospital and present it during the subsequent court session scheduled for March 20. Furthermore, the justices directed the state’s attorney to consult with the police commissioners of Jodhpur and Mumbai to ascertain the logistics and personnel needed for Asaram’s potential travel and accommodation in Pune. This information is also expected to be reported back to the court.
This inquiry stems from Asaram’s legal troubles, as he was sentenced to life imprisonment in 2018 by a Jodhpur court, following his conviction in a rape case. His plea for ayurvedic treatment signifies a quest for alternative health remedies while serving his sentence, prompting the high court’s intervention to evaluate the legitimacy and safety of his request.
BACKGROUND
Asaram Bapu, serving a life sentence in Sessions Case No. 116/2016, had been hospitalized three times between November 2023 and February 2024. Despite seeking SoS/interim SoS for medical reasons, his requests were denied by the High Court, citing potential law-and-order issues.
The plea emphasized Asaram Bapu’s fundamental right to choose his medical care provider, regardless of his convict status, and highlighted the imminent threat to his life due to the worsening health conditions in prison. The petitioner feared a fate similar to Stan Swamy, who died in custody while awaiting trial.
The established legal principle firmly states that imposing harsh or severe measures on an individual, whether they are awaiting trial or have been convicted, does not eliminate their fundamental rights protected under Part III of the Constitution. This includes the rights to life, human dignity, and proper medical care and treatment, which are integral to Articles 14, 19, 20, and 21 of the Constitution.
The Special Leave Petition (SLP) emphasized constitutional protections, asserting that stringent legal provisions do not vitiate fundamental rights, especially the right to life, human dignity, and proper medical care guaranteed by the Constitution. Asaram Bapu’s precarious health and advanced age heightened his vulnerability to the harshness of imprisonment, urging the court to consider suspending his sentence to prevent a potential death sentence.
While the SLP was dismissed, Asaram Bapu was granted liberty to approach the Rajasthan High Court in Jodhpur. The impending hearing holds significance as it addresses critical medical complexities and the urgency to safeguard his health and constitutional rights.
Case Title:
CRLA NO. 123/2018, aram @Ashumal v. State of Rajasthan
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