Calcutta High Court dismisses Abhishek Banerjee's plea to travel abroad for eye treatment

The Calcutta High Court on Wednesday dismissed Trinamool Congress (TMC) Member of Parliament (MP) Abhishek Banerjee's plea seeking permission to travel abroad for eye treatment.

Justice Saugata Bhattacharya had initially proposed having Banerjee's eye condition assessed by a medical board at SSKM hospital to examine whether eye treatment could be availed in India.

The Court noted that Banerjee's choice of treatment has to be assessed against the fact that he is facing several criminal cases in which investigation is ongoing.

In this context, the Court indicated that it is not inclined to allow Banerjee's travel abroad without first getting his eye condition assessed in India to see if foreign travel is necessary.

Since Banerjee was not willing to get such an assessment done in India, the Court decided to dismiss his plea.

"In view of submission by the counsel for the applicant (on instructions) that he will not appear before the medical board as indicated by this court, this court finds the issue which is agitated by filing the application ought not to be kept pending further. Hence, present application is dismissed," the Court said.

Banerjee's plea for permission to travel abroad came against the backdrop of a string of FIRs registered against Banerjee after the BJP swept the West Bengal Assembly elections and came to power in the State on May 4.

Among other cases, Banerjee also faces FIRs for allegedly provocative comments made during election campaigns. Banerjee has filed petitions seeking to quash these cases and has secured interim protection in several of them.

As a condition for such interim relief in an election speech case, Banerjee was directed not to leave the country without the High Court's permission. Banerjee later sought permission to go abroad for eye treatment.

Last month, the High Court refused to immediately grant Banerjee permission to travel abroad. The High Court said that the grant of such permission would only be considered after the SSKM Hospital found that the eye treatment was not possible in Kolkata.

Banerjee later moved the Supreme Court against this order. On August 3, the top court said that the final decision should be left to the High Court and asked it to decide the matter within a week.

The matter was then heard by the High Court today.

Senior Advocate Rebecca John, representing Banerjee, today pointed out that he is only seeking permission to travel abroard for a limited time for medical purposes. As a Member of Parliament (MP) holding a diplomatic passport, his movement is always tracked, she said. He has family here and has travelled abroad and returned to India several times, she said.

She urged the Court to grant him permission for such travel this time as well, adding that strict conditions can be imposed.

The Court, however, questioned whether it is absolutely essential that Banerjee's eye treatment be received only abroad.

"There is another aspect. If this treatment can be administered in India, there is no need to go abroad. I will direct Department of Ophthalmology in SSKM - a three-member committee can check Banerjee and give a report. Whether you are ready to appear before SSKM board or no? If treatment is very urgent, it can be administered in our country also. In medical science, it is not like we (India) are lagging behind. We are also making advancements in medical science. Supreme Court judges are getting treated here in our country," Justice Bhattacharya observed.

John countered that the TMC leader has been continuously availing medical treatment at a hospital abroad (John Hopkins). She said that it is a matter of choice as to where Banerjee wants to go for his eye treatment, and that continuity in medical treatment is always advisable. She also placed on record a report from John Hopkins, indicating the treatments earlier administered to Banerjee.

She added that Banerjee had earlier developed a eye condition after some treatment in India was not properly carried out. On instructions, John said that Banerjee's application may be dismissed if the Court is not inclined to allow him to go abroad for the eye treatment.

The State, represented by Additional Advocate General Rajdeep Majumder, opposed Banerjee's plea. He contended that there was no medical emergency that required Banerjee to go abroad for eye treatment. He added that investigation is ongoing in several FIRs against Banerjee and his presence may be required.

John pointed out that there is only one case where the Court had placed an embargo on travel abroad.

The Court, however, was not persuaded to allow any foreign travel without Banerjee's condition first being assessed in India, to confirm that his eye condition cannot be treated adequately within the country.

Senior Advocate Ayan Bhattacharyya also appeared for Banerjee.

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