The Rajasthan High Court has granted 20-day regular parole to self-styled godman Asaram, who is serving a life sentence in a rape case involving a minor. The court allowed his temporary release despite strong opposition from the Rajasthan government, which had cited security concerns and the possibility of him absconding.
The order was passed by a division bench comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit. The court observed that the state had not placed sufficient material before it to justify the rejection of Asaram’s parole application.
Asaram, 85, has been in prison for more than 13 years. He is currently lodged at Jodhpur Central Jail after being convicted in the 2013 sexual assault case involving a minor girl. The court noted that he had earlier been granted interim bail and temporary releases on several occasions and that there were no reported instances of him violating the conditions imposed on those releases.
The High Court also took note of his conduct during previous periods of release. It said there was no material showing that he had attempted to evade the legal process, threatened witnesses or created any law-and-order situation while outside prison.
Asaram’s latest parole plea followed the rejection of his application by a committee headed by the Jodhpur District Collector and District Magistrate. He subsequently approached the High Court challenging the decision.
The Rajasthan government opposed the plea and argued that releasing Asaram could create security and law-and-order concerns. The state also expressed apprehension that he could abscond, pointing to criminal proceedings and his conviction in another rape case in Gujarat.
Authorities further raised concerns about his health and treatment. The government argued that Asaram was undergoing medical care and had not been certified medically fit for parole by the appropriate medical authority.
The state also referred to concerns regarding the safety of the family of the survivor in the Rajasthan case. It relied on provisions of the Rajasthan Prisoners Release on Parole Rules, 1958, while arguing that his request should not be allowed.
The High Court, however, found that several of these concerns were based on apprehensions rather than concrete evidence. The bench said the possibility of Asaram fleeing or causing a threat could not, by itself, be treated as sufficient reason to deny parole when there was no supporting material.
The court also distinguished between his Rajasthan conviction and legal proceedings in other states. It held that cases or convictions elsewhere could not automatically prevent consideration of his parole under the Rajasthan rules for the sentence imposed in the state.
Asaram will have to comply with the conditions attached to the parole. According to the order, he has been directed to furnish a personal bond of ₹50,000 along with two solvent sureties of ₹25,000 each.
The temporary release comes as Asaram continues to pursue legal remedies in several courts. His conviction in the Rajasthan case relates to allegations made by a minor girl in 2013. She had accused him of sexually assaulting her at his ashram near Jodhpur.
A special court in Jodhpur convicted Asaram in 2018 and sentenced him to life imprisonment. The conviction was based on provisions including the Protection of Children from Sexual Offences (POCSO) Act. The Rajasthan High Court later upheld his conviction and life sentence.
Asaram is also serving a separate life sentence in Gujarat. A Gandhinagar court convicted him in January 2023 in a rape case filed by a former woman devotee and sentenced him to life imprisonment. The Gujarat case was among the reasons cited by the Rajasthan government while opposing his latest parole plea.
Meanwhile, his legal battle over his health is continuing before the Supreme Court. Asaram has sought interim bail on medical grounds. During a recent hearing, the court was informed that an AIIMS medical panel had found that he did not require hospitalisation but needed round-the-clock medical assistance. The Supreme Court is scheduled to hear the matter again on August 6.
The Rajasthan High Court’s latest order does not affect Asaram’s conviction or life sentence. The 20-day parole only allows him temporary release subject to the conditions imposed by the court.
The court is also dealing with another plea by Asaram seeking a transfer to an open-air prison camp. That matter is expected to come up for further consideration on August 17.
The parole order has once again put the spotlight on Asaram’s long-running legal battle, his medical condition and the rules governing temporary release of convicted prisoners. While the state raised concerns over security and public order, the High Court held that those concerns had not been supported by adequate evidence to justify denying him parole.
