Before it takes up Asaram’s appeal on November 6, the Supreme Court wants the trial court records before it, in both physical and digital form.
New Delhi: The Supreme Court on Wednesday listed Asaram’s appeal against his conviction in a 2013 rape case for further hearing on November 6, and told its Registry to summon the trial court records in physical and digital form. The Bench also heard the self-styled godman’s challenge to the Gujarat High Court’s refusal of temporary bail to visit his ailing wife, along with his application for bail on medical grounds [Asaram v. State of Rajasthan].
The hearing was before a Bench of Justice JB Pardiwala and Justice K Vinod Chandran. Senior Advocate Siddharth Dave appeared for Asaram, and Solicitor General Tushar Mehta for the respondent State.
Records first, hearing later
The Bench said it would hear the appeal further once it had examined the record, and asked the Registry to call for the trial court records and proceedings in both formats. The order states:
“Once received, digital paperbooks are to be furnished to the counsel for Asaram, the State and Respondent No. 2 (the victim).”
The appeal will be taken up on November 6 at 2 PM, after his present parole expires. No order granting temporary or medical bail was passed on Wednesday.
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On parole until October 27
Dave opened by telling the Court that this was the first listing since notice had been issued. The Bench then took stock of how Asaram’s parole and bail pleas had moved through the High Courts of Rajasthan and Gujarat.
Mehta submitted that the Gujarat High Court had turned down Asaram’s earlier medical-grounds plea and had also rejected a later one that cited his wife’s ill health. The Court was told that Asaram is out on 20 days’ parole, granted after the Rajasthan High Court took up contempt proceedings over the non-implementation of its order granting him parole. That parole runs until October 27.
What each side put to the Bench on the conviction
Dave said the appeal also raises the question whether the prosecutrix’s testimony meets the definition of rape under Section 375 of the Indian Penal Code. He submitted that the High Court convicted Asaram under Section 376 IPC despite the nature of the charges framed at trial.
Mehta, for the State, drew attention to the murder of three prime witnesses while the trial was on. Justice Pardiwala indicated that the Bench had been through the oral evidence on record and said the appellant would have to show how the alleged lapse vitiates the conviction. These were oral exchanges during the hearing and not findings of the Court.
The path to the Supreme Court
A Special POCSO Court at Jodhpur convicted Asaram on April 25, 2018 of sexually assaulting a minor girl at his ashram in 2013, and sentenced him to imprisonment for the rest of his natural life. In May 2026 a Division Bench of the Rajasthan High Court, Justice Arun Monga and Justice Yogendra Kumar Purohit, partly allowed the appeals. It set aside the conviction for gang rape under Section 376D IPC and certain POCSO Act charges and acquitted co-accused Sharad and Shilpi, but kept Asaram’s conviction for rape under Section 376 IPC and the life sentence.
Asaram then came to the Supreme Court, where a Bench of Justice MM Sundresh and Justice Sheel Nagu issued notice in June. The Court later directed AIIMS, New Delhi, to constitute a medical board to examine his health, and Solicitor General Tushar Mehta questioned the genuineness of the medical claims. Separately, a sessions court in Gandhinagar, Gujarat, convicted Asaram in January 2023 of raping a former disciple and sentenced him to life imprisonment; his appeal against that conviction is pending before the Gujarat High Court.
On September 30, a Division Bench of Justice Gita Gopi and Justice LS Pirzada of that High Court refused him 20 days’ temporary bail to visit his hospitalised wife, though it allowed him to seek the jail superintendent’s permission to speak to her by video call.
The appeal is pending, and the Supreme Court has expressed no view on its merits. The identity of the survivor is protected by law and has not been disclosed.
Case Title: Asaram v. State of Rajasthan
Case No.: Not reported
Bench: Justice JB Pardiwala and Justice K Vinod Chandran
Date: October 14, 2026
Appearances: Senior Advocate Siddharth Dave for Asaram; Solicitor General Tushar Mehta for the State
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