Asaram is in jail since his arrest in August, 2013 in a rape case lodged at Jodhpur in Rajasthan.
The Supreme Court today dismissed the interim bail plea of self-styled 'godman' Asaram, who is in jail in connection with a rape case, on the basis of a report of the AIIMS doctors that he does not require any surgery.
"We have no reason to reject the opinion of the experts of All India Institute of Medical Sciences (AIIMS)," a three judge bench headed by Justice T S Thakur said.
Earlier, an eight-member panel of AIIMS doctors, formed on the order of the apex court, had filed the report with the court saying Asaram did not need any surgery and his aliments could be managed through medicines.
The apex court also asked the Jodhpur trial court, which is hearing the case on day-to-day basis, to take "effective steps" to examine the remaining three of the six "material witnesses" at the earliest.
It also said Asaram was free to file fresh bail plea after the recording of statements of three remaining key witnesses with the trial court which could decide his plea on merits.
At the outset, the bench, which also comprised justices RK Agrawal and Adarsh Kumar Goel, made clear to Asaram's counsel that it would hear only the interim bail plea filed on medical grounds as earlier submitted by senior advocate Salman Khurshid.
Senior advocate Vikas Singh, who appeared for Asaram, said, "yes, there was an application for interim bail on medical grounds, but I have something to say on merits also."
"Three material witnesses (the girl and her parents) have already been examined and out of remaining three material witnesses, one has been partly examined. Moreover they have nothing to do with the alleged offence in question," he said.
The bench said "we want to make it very clear to you. If you do not go to the High Court then we will not allow you to withdraw it from here and we will pass a detailed order.
"We will not allow you to waste the judicial time then withdraw the application. You are there (jail) because there are serious allegations against you." the bench said.
"I have no option then," the lawyer said and started arguing for interim bail on medical grounds only.
During the hearing, Mr Singh said he was not disputing the finding of the AIIMS medical board that Asaram does not need any surgical intervention for the time being.
While diseases like Trigeminal Neuralgia and Degenerative Disc problems could be handled at out patient department (OPD) of AIIMS, they cannot be handled at the OPD of the jail hospital, he maintained.
The bench then allowed Asaram to visit a Jodhpur-based specialist doctor, making it clear that the expert would not visit the jail. It also asked the lower court to not to delay the trial and take steps to examine the material witnesses.
Prior to this, Asaram was brought to Delhi by the Rajasthan police to undergo various tests at AIIMS to ascertain the veracity of his claim that he was unwell and should be granted bail on medical grounds.
Charges have been framed against Asaram for rape, criminal conspiracy and other offences by a Jodhpur court in connection with the alleged sexual exploitation of a minor girl in his ashram in Jodhpur.
The District and Sessions Court had retained all the charges slapped by the police, except Section 26 of Juvenile Justice Act relating to child labour, against Asaram and his aides and co-accused Sanchita Gupta alias Shilpi and Sharad
Chandra.
Charges have been framed under sections 342 (wrongful confinement), 354A (sexual harassment), 370(4) (trafficking), 376(2)f (rape on a woman when she is under twelve years of age), 506 (criminal intimidation), 509/34 and 120 (B) (criminal conspiracy) of the IPC.
Asaram, 76, is in jail since his arrest in August, 2013 in a rape case lodged at Jodhpur in Rajasthan.