India
oi-Madhuri Adnal
The Supreme Court on Monday allowed Trinamool Congress leader Abhishek Banerjee to travel abroad for eye treatment, setting aside the Calcutta High Court order that had denied him permission to leave the country.
The Supreme Court’s decision comes days after the Calcutta High Court dismissed Banerjee’s plea seeking permission to travel abroad for treatment. The high court had asked him to appear before a medical board at the state-run SSKM Hospital to assess his condition and determine whether the treatment needed to be undertaken abroad.
The Supreme Court permitted Trinamool Congress leader Abhishek Banerjee to travel abroad for eye treatment, overturning a Calcutta High Court order that had initially denied permission pending assessment by a state hospital’s medical board.
Banerjee had declined to appear before the medical board and subsequently challenged the high court’s order before the Supreme Court.
The Supreme Court has now permitted the TMC leader to travel abroad for his eye treatment.
Why Calcutta HC Had Denied Permission
The Calcutta High Court had earlier said that Banerjee’s medical condition needed to be assessed before a decision could be taken on his request to travel abroad.
The court had advised him to appear before doctors at SSKM Hospital on August 6. The medical board was expected to give its opinion on whether he needed to travel abroad or whether the treatment could be provided in India.
However, Banerjee told the court that he was not willing to undergo the assessment at SSKM Hospital. Following this, the high court dismissed his plea.
The court had also observed that the immediate concern was the treatment of the petitioner and that the location of treatment was secondary.
Banerjee Moves Supreme Court
The TMC leader then approached the Supreme Court challenging the Calcutta High Court’s decision.
The matter comes against the backdrop of an earlier court order under which Banerjee, who is facing criminal proceedings, could not leave India without permission.
The state had opposed his request to travel abroad, arguing that several criminal prosecutions were pending against him and that there was no medical emergency requiring treatment outside India. The state also said his presence could be required in connection with ongoing investigations.
Appearing for Banerjee, senior advocate Rebecca John had argued that he had the right to choose his doctor and medical institution, particularly because his treatment involved continuity of medical care.
The Supreme Court’s latest order clears the way for Banerjee to travel abroad for the eye treatment.
