The Rajasthan High Court Yesterday (March 20th) rejected jailed self-styled godman Asaram’s application seeking permission to undergo treatment at a medical centre in Pune.
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Jodhpur: The Rajasthan High Court, on Wednesday, decisively turned down the plea submitted by incarcerated self-proclaimed spiritual leader Asaram, who sought approval to be treated at a medical establishment in Pune, specifically the Madhavbaug Multidisciplinary Cardiac Care Clinic and Hospital. This decision followed after receiving a report from the Pune police, which raised concerns regarding potential disturbances to public order during his proposed medical visit.
Asaram found himself under arrest back in August 2013 and was later condemned by a Jodhpur court in 2018 to life imprisonment on charges of rape. His appeal to the high court was to obtain medical attention based on the Ayurveda system for his health issues at the specified facility in Pune.
However, the bench, comprising justices V K Mathur and Dinesh Mehta, dismissed his plea, instead recommending that Asaram receive his medical treatments at the Ayurveda University Hospital located in Jodhpur. The court was curious to ascertain if the necessary medical treatment was available at this local institution and thus, it mandated the Additional Advocate General (AAG) to compile and present a report on this matter by March 22, the subsequent date for hearing.
The matter was thoroughly discussed during a session on March 15, where the court demanded detailed information regarding the proposed treatment’s procedures and timeframe. Furthermore, the court had previously requested reports from the Jodhpur Police Commissioner as well as the Mumbai Police Commissioner concerning the need for a police escort and the potential risks to law and order that might accompany Asaram’s travel and stay in Pune.
Notably, the legal defense for Asaram had requested a 14-day parole, claiming the necessity for medical treatment at the Madhavbaug Hospital. However, this request was met with opposition from the AAG, who contended that Jodhpur was equipped with proficient medical facilities, including AIIMS and the Ayurveda University, capable of offering high-standard medical care.
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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