He Has Not Met His Father Since 11 Yrs: Gujarat HC Allows Narayan Sai To Meet Asaram Bapu In Jail On Humanitarian Grounds
The Gujarat High Court has allowed Narayan Sai to meet his father Asaram Bapu in jail on humanitarian grounds observing that the applicant had not met his father in the last eleven years.
The Court allowed Narayan Sai (applicant), who was in Surat Jail on sexual assault allegations, to meet his 86-year-old ailing father, Asaram Bapu in Jodhpur Jail for 4 hours on “one to one basis.” The Bench directed the applicant to be taken by air to Jodhpur Jail with a police escort at his own expense.
A Division Bench of Justice Ilesh J. Vora and Justice S.V. Pinto held, “Having regard to the peculiar facts and circumstances and grounds urged in this application, on humanitarian grounds, as well as considering the documents regarding the health condition of the father of the applicant and the fact that the applicant has not met his father since last 11 years, we deem it fit to direct that the applicant be taken by air to Jodhpur Jail in Rajasthan where his father is lodged with an escort comprising of one Assistant Commissioner of Police, One Police Inspector, Two Head Constables and Two Constables at the costs and expenses of the applicant to meet his father for four hours personally on a one to one basis in the jail.”
Advocate Dharmendra Kumar Mishra appeared for the petitioner, while Public Prosecutor Hardik Dave represented the respondent.
The applicant submitted that his father was suffering from life-threatening ailments and was in a “very alarming, highly critical and extremely worrisome” condition. It was submitted that the father was hospitalised multiple times as his health was rapidly deteriorating, having suffered several heart attacks, and the jail authorities were not equipped to handle these medical emergencies. The Medical Diagnosis included severe heart disease, including 90% blockage in two coronary vessels, along with other critical conditions such as internal bleeding, diabetes, hypertension, and various other co-morbidities.
The applicant, being the only son, submitted that he had not seen his father in over 11 years and wished to make necessary arrangements for his better treatment.
On the other hand, the application was opposed by drawing the attention of the Court to the fact that the applicant had a number of followers/devotees/supporters who were aggressive and had assaulted witnesses in the past.
Eventually, the applicant had filed an application praying for the grant of temporary bail for a period of 30 days. However, the High Court allowed him a four-hour visit.
The Court allowed the applicant to meet his father and remarked, “The applicant shall deposit an amount of Rs.5,00,000/- in the first instance in the Government Treasury in Sachin Police Station, Surat in Head No.55 towards the said expenses. After the amount is deposited by the applicant, necessary arrangements to take the applicant shall be made by the concerned authority within a period of seven days.”
The Court directed, “The applicant will be taken directly from Lajpore Central Jail, Surat to Jail at Jodhpur, Rajasthan and will be lodged in Jodhpur Jail, Rajasthan during the entire period where he will meet his father for four hours.”
Accordingly, the High Court disposed of the application.
Cause Title: Narayan @ Narayan Sai @ Mota Bhagwan S/O Asharam @ Ashumal Harpalani v. State Of Gujarat
Appearance:
Petitioner: Advocates Dharmendra Kumar Mishra, Zubin Bharda, Raajen D Jadhav and Neeraj Deswal
Respondents: Public Prosecutor Hardik Dave