NEW DELHI: The Supreme Court on Tuesday directed the Director of the All India Institute of Medical Sciences (AIIMS) to constitute a medical board within a week to examine the health condition of self-styled godman Asaram Bapu in connection with his plea seeking interim bail on medical grounds.
A Bench of Justices M.M. Sundresh and P.B. Varale directed the medical board to submit its detailed report within one week, saying that it would decide Asaram's prayer for interim bail only after receiving an independent assessment of his medical condition. "We are not granting regular bail except if we are satisfied it is required on a medical ground. Let the report come," the Justice Sundresh-led Bench observed.
Appearing for Asaram, his counsel requested that the matter be referred to the AIIMS Director for constitution of a specialised team of doctors to conduct a comprehensive medical examination and determine whether hospitalisation was medically warranted.
Solicitor General Tushar Mehta, appearing for the Rajasthan government, opposed the plea, questioning the genuineness of Asaram's medical claims. "He got bail on the grounds that he was in a vegetative state. But now he is roaming around," SG Mehta submitted, referring to Asaram's recent visits to Kashi Vishwanath and Ayodhya.
Clarifying that it was not inclined to grant interim bail without an independent medical assessment, the apex court directed AIIMS to constitute the medical board and furnish its report within a week.
Last week, the Supreme Court had asked the Rajasthan government to examine Asaram's medical reports and inform whether his health condition warranted the grant of interim bail on medical grounds. During the previous hearing, SG Mehta had submitted that Asaram was presently fit and had visited Ayodhya and Kashi Vishwanath around three months ago.
On the other hand, Asaram's counsel had maintained that his client's condition was serious and that he remained at "high risk". The apex court had then observed that if the medical condition warranted, interim bail could be considered for a limited period solely for treatment.
Earlier, on June 30, the Supreme Court had issued notice to the Rajasthan government on Asaram's special leave petition (SLP) challenging the judgment of the Rajasthan High Court upholding his conviction and life sentence in the 2013 minor rape case.
However, the apex court had declined to grant any interim relief at that stage, observing that it would first hear the Rajasthan government's stand before considering his prayer for suspension of sentence.
Asaram has challenged the Rajasthan High Court's May 27 judgment affirming his conviction and life sentence awarded by a Special POCSO Court in the 2013 case involving the sexual assault of a minor student.
Following the High Court verdict, Asaram, who had been out on interim medical bail, surrendered before the Jodhpur Central Jail on May 28 after undergoing a medical examination.
The case relates to allegations that a minor student of Asaram's Chhindwara Gurukul was sexually assaulted inside his cottage at the Manai Ashram on the night of August 15, 2013.
The Special POCSO Court in Jodhpur convicted Asaram on April 25, 2018, and sentenced him to life imprisonment. Asaram is also serving a life sentence in another sexual assault case involving a woman disciple at his Gandhinagar ashram in Gujarat.
--IANS
