Trinamool Congress MP Abhishek Banerjee has moved the Supreme Court challenging the Calcutta High Court’s August 5 order refusing him permission to travel abroad for eye treatment.
The restriction on Banerjee’s foreign travel was imposed as a condition while granting him protection from arrest in a criminal case concerning an allegedly provocative speech made in connection with the recently concluded West Bengal Assembly elections.
Banerjee had earlier approached the Supreme Court against the High Court’s July 20 order denying him permission to travel overseas and directing him to seek treatment at Kolkata’s state-run SSKM Hospital and the Institute of Post Graduate Medical Education & Research (IPGME&R). On August 3, the Supreme Court disposed of his plea, requesting the High Court to consider the matter expeditiously.
The High Court, however, on August 5 dismissed Banerjee’s application after noting that he had declined to appear before a medical board constituted to assess whether his condition required treatment abroad.
The High Court observed that Banerjee’s appearance before the medical board could have enabled it to obtain an independent medical opinion on the necessity of overseas treatment. It noted that the Court was not equipped to assess medical issues and that the immediate question was whether Banerjee required treatment, rather than where that treatment should be administered.
The Court also rejected the contention that Banerjee had an absolute right to choose the doctor or medical institution of his preference, particularly in view of several criminal prosecutions and ongoing investigations involving him.
Senior Advocate Rebecca John, appearing for Banerjee, had submitted that the TMC leader wished to continue treatment with a US-based specialist who had previously operated on him. She also submitted that Banerjee was unwilling to undergo treatment at SSKM Hospital.
The West Bengal government opposed the plea, arguing that there was no medical emergency necessitating treatment abroad. It further contended that allowing Banerjee to travel overseas could potentially affect ongoing investigations in cases pending against him.
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