A bench comprising Chief Justice J S Khehar and Justice N V Ramana also rejected his interim bail plea on health grounds in another sexual offence case registered in Gujarat, saying the petition was ‘devoid of any merit’.
The apex court also observed that Asaram had placed a ‘fictitious document’ to persuade the court to grant him bail and ordered registration of an FIR against those responsible for preparing and filing the alleged fake papers.
'The instant act (of placing fictitious document through his parokar) constitutes a serious offence and it can’t be let off merely by tendering an apology. We direct registration of an FIR based on the letter dated November 8, 2016 and also the affidavit filed in compliance of the order dated December 6, 2016," the bench said.
"We direct the concerned investigating officer to complete the investigation thereof at the earliest and, in case an offence is made out, initiate criminal prosecution in accordance with the law against all the concerned parties,” it said while rejecting the regular bail plea of Asaram.
The apex court, while dismissing the regular bail plea, noted that trial in the matter was unnecessarily prolonged and the prosecution witnesses were being attacked, which has led to the death of two witnesses.
"It is not possible for us to overlook the fact that trial in the matter was unnecessarily prolonged and one prosecution witness (Investigating Officer) was recalled for 104 days for his cross-examination. It can't be overlooked that when prosecution witnesses were examined, there were a number of attacks on the prosecution witnesses leading to the death of two of them.
"We are of the view that accordingly, we find no justification in the prayer (seeking regular bail) made by the petitioner (Asaram)," the bench said.
While rejecting his interim bail plea on medical grounds, the apex court said his present medical condition is ‘not so serious’ which requires him to be transferred to another jail or another hospital as, according to the Rajasthan government, he is being treated in a hospital in Jodhpur which has all the facilities to treat him for the ailment.
During the arguments, senior advocate Shekhar Naphade, who appeared for Asaram in interim bail matter, said as per the medical reports, Asaram was suffering from prostate problem and needed medical treatment for the ailment.
Additional Solicitor General Tushar Mehta, appearing for Rajasthan, argued that the medical condition of Asaram was stable and he had refused to undergo an MRI test without citing any reason.
He said Asaram was being treated at the MahatmaGandhiHospital in Jodhpur since 2014 and high standard of treatment facilities are available there.
The apex court, while rejecting Asaram’s regular bail plea, noted that the petition was based on a communication issued by Jail Superintendent of Jodhpur Central jail.
Regarding the ‘fictitious document’, the bench said even the counsel for petitioner has said that it was ‘unreliable’.
On October 28 last year, the apex court had asked Rajasthan government to respond to the plea of Asaram, facing trial in rape cases, seeking modification of the court’s order, directing him to undergo treatment at AIIMS in Jodhpur.
The Gujarat government had earlier told the top court that the rape case registered against him would very likely proceed in an expeditious manner and the trial would be completed within six months, so bail should not be granted to him in the case.
The apex court had on November 18 last year sought the response of the Centre and five states on a plea seeking a Central Bureau of Investigation probe into the alleged murder of children through black magic and attacks on ten witnesses in the Asaram rape cases.
Asaram was arrested by Jodhpur Police on August 31, 2013 and has been in jail since then.
Two Surat-based sisters had lodged separate complaints against Asaram and his son Narayan Sai, accusing them of rape and illegal confinement, among other charges.
The elder sister, in her complaint against Asaram, had accused him of repeated sexual assaults between 2001 and 2006 when she was staying at his ashram near Ahmedabad.
A teenage girl had accused him of sexual assault at his ashram in Manai village near Jodhpur. The girl, who belonged to Shahjahanpur in Uttar Pradesh, was a student living in the ashram.