Asaram Bapu, the controversial spiritual leader, has urgently sought medical treatment, prompting him to file a Special Leave Petition (SLP) before the Rajasthan High Court. The plea will be heard by a bench comprising Justice Dinesh Mehta and Justice Vinit Kumar Mathur on Monday, March 11, 2024.
Rajasthan: Renowned spiritual leader Asaram Bapu has filed a petition with the Rajasthan High Court, represented by Advocates Rajesh Inamdar, Shashwat Anand, and RS Saluja, requesting permission to receive medical treatment at Madhavbaug Hospital in Khopoli, Maharashtra. The petition also urges the state to make the necessary arrangements to ensure his treatment while in police custody.
The plea will be heard by a bench comprising Justice Dinesh Mehta and Justice Vinit Kumar Mathur on Monday, March 11, 2024.
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Earlier, Asaram Bapu had approached the Supreme Court under Article 136 of the Constitution, represented by Advocates Rajesh Inamdar and Shashwat Anand, citing a severe medical emergency and rapidly deteriorating health conditions. He contested the High Court of Rajasthan’s decision on January 11, 2024, which dismissed his Suspension of Sentence (SoS) application, filed on medical grounds and on the claim of innocence after serving over 11 years in prison.
Senior Advocates Mukul Rohatgi and Devadatt Kamat argued that Asaram Bapu had suffered multiple heart attacks, and a coronary angiography report dated January 14, 2024, revealed significant arterial blockages of up to 99%. On March 1, 2024, Justices Sanjiv Khanna and Dipankar Datta, while expressing reluctance to hear the Special Leave Petition (SLP) seeking SoS, permitted Asaram Bapu to seek treatment at an Ayurvedic hospital through the Rajasthan HC and urged an expedited decision on his pending appeal.
“The petitioner who is in the twilight of his life, aged more than 85 years, is apprehending that he may die in jail if he is not allowed to take treatment from a hospital/ doctor of his choice which is fundamental right granted to every person regardless of the fact whether he is a convict or an undertrial. The petitioner has spent more than eleven (11) years under the agony of imprisonment, for an offence he did not commit and the Appeal against the conviction is pending consideration before the Hon’ble High Court,” the plea stated.
The SLP referenced a discharge report from AIIMS, Jodhpur, dated February 6, 2024, where a medical board recommended coronary artery bypass graft (CABG) and enteroscopy, procedures unavailable in Jodhpur.
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.
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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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