In a major setback for Trinamool Congress and All India General Secretary and MP Abhishek Banerjee, the Calcutta High Court on Wednesday dismissed his petition seeking permission to travel abroad for eye treatment. The single bench of Justice Sabyasachi Bhattacharyya (hearing the matter following Supreme Court directions) rejected the plea after the MP’s legal team declined the court’s suggestion to undergo an evaluation by a medical board at SSKM Hospital, ultimately offering to withdraw the application.
The Legal Battle & Court Proceedings
Banerjee had initially approached the Calcutta High Court seeking clearance to travel overseas for ongoing medical care for his eye. Justice Bhattacharyya previously observed on July 20 that since multiple investigations and pending cases exist against the MP at Bidhannagar Police Station, the court needed to verify whether such treatment could be adequately provided domestically.
Displeased with the direction to consult a medical board, Banerjee bypassed the High Court’s Division Bench and moved the Supreme Court. However, on August 3, a apex court bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana remitted the matter back to the Calcutta High Court, directing it to decide on the application within seven days.During Wednesday’s hearing, Senior Advocate Rebecca John, representing Banerjee, argued that her client had consistently cooperated with investigating agencies, provided advance notices, and needed to continue his medical treatment with his existing overseas specialists.
However, Justice Bhattacharyya highlighted that geography is secondary in modern medicine: “Whether in India or abroad, location does not matter in healthcare today. SSKM has a renowned ophthalmology department. A three-doctor panel could examine him today and submit a report… If they conclude the treatment cannot be done in Kolkata or anywhere in India, the court could consider it.”
‘Will Not Go to SSKM’: Refusal and Dismissal
When the court suggested scheduling an examination at SSKM Hospital for August 6, Banerjee’s counsel explicitly stated that their client did not wish to be examined at SSKM, emphasizing that his ongoing medical care was already established abroad and he had not instructed them to seek evaluation at the state-run hospital.Faced with the court’s firm stance, the legal team sought to withdraw the petition. Refusing the withdrawal request, Justice Bhattacharyya noted that the Supreme Court had mandated the High Court to decide the matter, making a simple withdrawal impermissible.
In the final order dismissing the petition, the court noted:
Lack of Medical Expertise: The court itself cannot judge medical urgency without expert advice, which is why evaluation at SSKM was proposed.Pending Investigations: While every citizen generally enjoys the right to seek medical treatment anywhere, the presence of multiple pending police cases and active investigations necessitates judicial scrutiny before granting permission to travel abroad.
What’s Next for the TMC Leader?
With the Calcutta High Court dismissing the petition and the MP refusing local medical board evaluations, Banerjee’s immediate plans to travel abroad for treatment remain indefinitely stalled. To proceed overseas, the TMC leader will now have to approach a higher judicial forum or submit a fresh application.