Supreme Court permits TMC's Abhishek Banerjee to travel abroad for eye treatment

The Supreme Court on Monday permitted Trinamool Congress (TMC) Member of Parliament (MP) Abhishek Banerjee to travel abroad for eye treatment.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order on an appeal filed by Banerjee against an order of the Calcutta High Court which had refused him permission to go abroad.

"Every individual has a right to travel abroad. Every individual has a right to choose his medical treatment," the Supreme Court today remarked.

It proceeded to allow Banerjee to travel abroad for a period of three weeks in September on his diplomatic passport.

"The applicant is permitted to travel abroad for a period of three weeks in September: The applicant shall travel on his diplomatic passport. It is stated that he has no other passport other than the diplomatic passport," the Court said.

Further, Banerjee has to furnish the itinerary of his visit, including his place of residence in the foreign country, the details of the doctors/hospital where he proposes to undergo treatment, the period of his stay and his flight details.

The details furnished by the applicant shall be used by the agencies for their purposes and be confidential, the Bench added.

The Calcutta High Court had on August 5 dismissed Banerjee's petition prompting him to approach the Supreme Court.

When the matter came up for hearing, Senior Advocate Gopal Sankaranarayanan, appearing for Banerjee offered that he can travel on his diplomatic passport while the personal passport can be deposited with the authorities.

"I have two passports. One is a diplomatic passport. For the Operation Sindhu outreach, I was sent. I have a diplomatic passport and I have a personal passport. I will deposit my personal passport. [With the] diplomatic passport, the embassies everywhere can keep track of me. I am offering this as a condition. I don’t have to, but I am offering it," Sankaranarayanan said.

Additional Solicitor General SV Raju, appearing for the State of West Bengal said that there are 15 case against Banerjee and hence, he is a flight risk.

Sankaranarayanan said that all the cases were lodged after May 4 when TMC lost assembly elections and BJP came to power.

"He is a member of parliament, general secretary of a national party. Every single one of those was filed after 5th May, when the election results were declared. Nothing before 5th May," he submitted.

"He was all-powerful. Nobody would have dared register [an FIR] before 5th May," the ASG said.

"Let him travel abroad. You have so many cases. I am sure you will find something else, and then another FIR can be filed," Justice Bagchi said in jest

The Court then permitted Banerjee to travel abroad for three weeks.

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