Abhishek Banerjee Foreign Travel
The Supreme Court has allowed Trinamool Congress national general secretary and Diamond Harbour MP Abhishek Banerjee to travel abroad for medical treatment. The court has permitted him to remain abroad for three weeks and directed that no obstruction should be created during his foreign travel.
The order came after the Calcutta High Court rejected Banerjee’s plea seeking permission to travel overseas for eye treatment.
Banerjee approached the Supreme Court late on August 7 after the High Court dismissed his application. The matter was subsequently heard by the apex court, where the bench considered both his medical requirements and the objections raised by the West Bengal government.
The Supreme Court ultimately allowed the foreign trip.
The legal dispute began when Banerjee approached the Calcutta High Court seeking permission to travel abroad for medical treatment related to his eyes.
Justice Sougata Bhattacharyya’s single-judge bench had refused to grant permission for the foreign trip.
The High Court had directed Banerjee to undergo an examination at the ophthalmology department of SSKM Hospital in Kolkata. The head of the department was to constitute a medical board to assess his condition and determine whether treatment abroad was medically necessary.
The court had indicated that if specialists concluded that the treatment could not be provided adequately in Kolkata and that treatment abroad was necessary, their medical opinion would be considered.
However, Banerjee’s lawyer informed the High Court that his client would not appear at SSKM Hospital for the proposed examination.
Following that submission, the High Court dismissed the case.
Banerjee then moved the Supreme Court again, seeking permission to travel abroad for his treatment.
The West Bengal government opposed Banerjee’s foreign travel.
During the proceedings, Additional Advocate General Rajdeep Majumdar referred to the several cases pending against the Trinamool Congress leader. The state argued that allowing him to travel abroad could create difficulties for ongoing investigations and legal proceedings.
The state therefore raised concerns about permitting Banerjee to leave the country while proceedings against him remain pending.
The Supreme Court, however, took a different view.
Justice Joymalya Bagchi observed that the mere existence of cases against an individual cannot by itself become a reason to prevent that person from travelling abroad for medical treatment.
The court emphasised an individual’s right to travel abroad and seek medical treatment of his or her choice.
The observation became a significant aspect of the order.
While the High Court had sought an assessment from a medical board at SSKM Hospital before considering the necessity of treatment abroad, the Supreme Court has now permitted Banerjee to travel for three weeks.
The order means that he can leave the country for medical treatment without facing an obstruction on that ground during the permitted period.
The latest order is not the first time the Supreme Court has dealt with the issue.
Earlier, a Supreme Court bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan had sent the matter back to the Calcutta High Court.
The apex court had directed the High Court to dispose of Banerjee’s plea within seven days.
Following that direction, the matter was heard by the High Court. However, the High Court did not permit Banerjee to travel abroad and instead directed him to undergo an assessment at SSKM Hospital.
After the High Court dismissed the case, Banerjee once again approached the Supreme Court.
The latest ruling has now cleared the immediate legal hurdle concerning his medical trip.
The case has also attracted political attention because of the ongoing legal proceedings involving Banerjee and the state government’s opposition to his foreign travel.
The state had argued that his absence from the country could affect investigations. Banerjee’s side, however, maintained that his medical needs should not be restricted merely because cases are pending against him.
The Supreme Court’s latest observation gives greater weight to the right of an individual to seek medical care according to his or her choice.
For Banerjee, the immediate outcome is clear: he has permission to travel abroad for three weeks for medical treatment.
The next focus will be on his travel plans, the treatment he receives overseas and the legal situation following his return to India.
The order is also likely to be closely watched in West Bengal because it brings together two sensitive issues—the right to seek medical treatment abroad and restrictions arising from ongoing criminal or investigative proceedings.
For now, however, the Supreme Court has removed the immediate obstacle to Banerjee’s foreign travel.
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