The Calcutta High Court on Wednesday rejected a petition by Trinamool Congress leader Abhishek Banerjee seeking permission to travel overseas for eye treatment, following his refusal to undergo an evaluation by a local medical board.
Refusal To Appear Before Medical Panel
The ruling was delivered after Banerjee informed the court that he was unwilling to attend an August 6 assessment before doctors at the state-run SSKM Hospital. The bench, comprising Justice Saugata Bhattacharya, had previously asked the TMC leader to appear before the hospital board so medical experts could determine whether his condition required treatment abroad or if it could be managed within India.
Justice Bhattacharya observed that obtaining proper treatment for the petitioner is the primary concern, while the location where it is administered remains immaterial. Because Banerjee declined the medical evaluation necessary for the bench to assess his health needs, the court dismissed his travel request.
Legal Background And Travel Restrictions
The travel restrictions originate from a previous court order that granted Banerjee interim protection in a criminal case on the condition that he obtain judicial permission before exiting the country. Banerjee had challenged that condition before the Supreme Court, which directed the High Court on August 3 to decide his travel petition on an expedited basis.
Arguments Over Medical Emergency And Patient Rights
Opposing the travel plea, state Additional Advocate General Rajdeep Majumder argued that no emergency medical situation existed that mandated foreign travel. Majumder highlighted that Banerjee faces multiple pending criminal prosecutions and active First Information Report investigations, making his presence in the country necessary for ongoing inquiries.
Representing Banerjee, senior advocate Rebecca John argued that an applicant retains the right to select their preferred medical specialists and healthcare facility, particularly when maintaining continuity of medical care is involved.
