In its handling of Asaram’s move to overturn his life sentence for the 2013 case, the top court has been quick to act, notching up a notice for the state of Rajasthan and giving them 14 days to get back. The bench has left no room for doubt: they are not bailing him out at this point, and have zeroed in on what is at stake in the appeal as well as the claims about the convict’s well-being.
What the Supreme Court decided
Justices MM Sundresh and Sheel Nagu, in a bench hearing, have asked for the state to put in its response in the next two weeks on the matter that goes against the High Court’s position. They have put a hard no on any stay of the sentence for now.
Jail officials have been told to make sure Asaram has the medical care he needs. In an aside, the bench noted that you would have to show a dire need – like if his life were in jeopardy – before they would even think about bail.
High Court ruling under challenge
Back on May 27, the Rajasthan High Court stood by the conviction and life sentence for Asaram in the minor rape case, though it did let go of some of the other charges. The original finding of guilt came from the trial court on April 25, 2018, after he was found to have assaulted a young student at his ashram.
Even with the life term intact, the High Court let him off the hook for gangrape (IPC 376(D)) and for penetrative assault on a child as per the POCSO Act. He was also let go on a criminal conspiracy charge under IPC 120(B).
Legal provisions upheld and set aside
There are a number of convictions from the case that the High Court has left in place. You have the rape of a minor under 376(2)(F) of the IPC, along with 342 for wrongful confinement, 370(4) for trafficking, 506 for intimidation, 509 for insulting a woman’s modesty and 354(A) for sexual harassment.
They also confirmed the ones under the POCSO and Juvenile Justice Acts. On top of that, the bench kept in his conviction under Section 376 of the IPC and 34 of POCSO. His co-accused, Sanchita Gupta, or Shilpi, and Sharat Chandra, were given their freedom.
Health, bail, and custody status
DS Naidu, the senior lawyer for the side making the petition, put forward during the hearing that Asaram is in his 80s and has more than one ailment. The court’s answer was to restate that you can’t have bail without proof of a grave risk to his health.
So for the time being, Asaram will keep serving his time while the state puts in its reply. The prison has been instructed to see to his medical needs.
A rundown of the main points:
– Notice to the state of Rajasthan; two weeks to respond
– Sentence is not being put on hold
– Bail is a no unless you can show it is necessary
– Medical care to be provided in the jail
– Life term was the word from the High Court on May 27
– Some of the POCSO and IPC counts have been dropped
– Shilpi and Sharat Chandra are in the clear
– The first conviction was in 2018, in late April
What lies ahead
It is up to the Rajasthan government’s answer to set the course. Once the two weeks are up, the Supreme Court will likely turn to the substance of the argument against the High Court’s decision.
Until then, the ruling is as it is, and the court has been circumspect on the issue of bail. It is a matter of how the law is applied to these kinds of offences, in line with what the High Court has put in writing.
