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Gujarat High Court rejects Asaram's 20-day temporary bail plea to visit ailing wife
The on Wednesday rejected a plea by self-styled godman and rape Asaram Bapu seeking 20 days of on to visit his ailing wife, but allowed him to communicate with her through .
A of Justice Gita Gopi and Justice L.S. Pirzada delivered the order after reviewing a on the health condition of Asaram’s 83-year-old wife, Laxmidevi Harpalani, who is admitted at in Naroda with decompensated heart failure and accelerated hypertension.
Asaram's Appeal and the Humanitarian Plea
Asaram, currently lodged in , Rajasthan, is serving a after being convicted in a rape case. He had filed a against his conviction, and the present application for was made in the context of that appeal.
His counsel, , argued that the 86-year-old was deeply concerned about his wife’s health and sought release to be by her side during her hospitalization. The plea emphasized the couple’s advanced ages and the humanitarian need for the husband to attend to his critically ill spouse.
Prosecution’s Opposition and Medical Evidence
The State, represented by Public Prosecutor , opposed the application, relying on a submitted by the Assistant Police Commissioner of the . The court had directed the police to verify the wife’s condition on .
The report included statements from the treating doctors, Dr. Vivek Baxi and Dr. Roopesh Singhal, which indicated that Laxmidevi had “responded well to treatment” since her admission on and was “haemodynamically stable.” The doctors further opined that she would likely be discharged within the next two to three days.
The prosecution argued that there was no medical urgency warranting Asaram’s release, especially since his wife was under the care of relatives and a personal doctor at a multispeciality hospital.
Court’s Reasoning: No Urgency Found
The bench carefully examined the medical reports and the doctors’ statements. It noted that the patient’s condition was improving and that she was expected to be discharged imminently. The court observed:
“When the patient has responded well to the treatment and both the doctors have opined that she would be discharged within the next two to three days, we do not find any reason to allow the application of the , who is presently in , Rajasthan.”
The court concluded that the was not justified on the facts presented. However, it provided an alternative to address the ’s concern.
Alternative Relief:
While denying the bail, the bench permitted Asaram to approach the in Rajasthan to request permission to communicate with his wife through . The order states:
“If the would want to communicate with his wife, he can make a prayer before the , , for permitting him to talk with his wife through .”
This pragmatic solution allows the to maintain contact with his ailing spouse without the need for temporary release.
Implications and Context
This is the second plea rejected by the within a month. Earlier in , the court had dismissed a similar application filed by Asaram on the ground that the had granted him in a separate case. The court had then allowed him to approach the .
The present decision underscores the judiciary’s reliance on objective medical evidence when evaluating humanitarian bail pleas. It also highlights the court’s willingness to consider alternative means of communication to balance with and the integrity of the .
