Calcutta High Court Denies Abhishek Banerjee Permission for Overseas Eye Treatment

DNI SUMMARY — KEY POINTS

• The Calcutta High Court rejected a request from Trinamool Congress Member of Parliament Abhishek Banerjee to travel abroad for specialized eye surgery.
• Justice Saugata Bhattacharyya dismissed the plea after the leader refused to undergo a medical evaluation at the state-run SSKM Hospital.
• The court insisted that an independent assessment by local medical experts was necessary to verify if the treatment required overseas facilities.
• Legal counsel for the MP argued that he had the right to select his own medical specialists and had consistently returned to India previously.
• This ruling follows a directive from the Supreme Court of India, which had tasked the High Court with disposing of the application within one week.

The Calcutta High Court on Wednesday issued a firm ruling denying Abhishek Banerjee permission to travel abroad for specialized eye treatment. The single-judge bench presided over by Justice Saugata Bhattacharyya reached this decision after the Trinamool Congress leader declined a court-suggested medical evaluation at the state-run SSKM Hospital. The court maintained that it could not grant travel clearance without an objective, independent assessment of whether the medical procedure was indeed unavailable within India. This development marks a significant hurdle for the parliamentarian, who has faced ongoing legal scrutiny alongside his request for medical mobility.

Court Requires Local Medical Assessment

The central point of contention remained the court's requirement for a clinical assessment to establish medical necessity. While the legal team for the petitioner argued that he maintained a right to choose his own medical experts, the court emphasized that it lacked the technical expertise to determine the validity of the claims without an impartial report. By refusing to participate in the local evaluation process, the defense effectively left the bench with limited grounds to authorize travel. The judiciary underscored that its priority is ensuring the petitioner receives adequate care, regardless of the geographical location of the clinic.

Senior Advocate Rebecca John, representing the politician, highlighted that the accused had previously traveled abroad for medical care on multiple occasions between 2023 and 2025 without incident. The defense argued that the ongoing criminal proceedings, which carry a maximum sentence of three years, should not supersede an individual's right to continuity of medical treatment with specialists familiar with his case history. Despite these arguments, the state remained adamant that no medical emergency justified immediate foreign travel, especially given the various pending investigations associated with the high-profile leader's activities in West Bengal.

Legal Arguments and Travel History

The current judicial friction stems from an earlier order that granted the MP interim protection from arrest on the condition that he seeks judicial permission before exiting the country. This restriction was recently challenged by the petitioner, leading to an intervention by the Supreme Court. The highest court had directed the local judiciary to resolve the matter with urgency, leading to the current series of hearings. The proceedings have drawn significant public interest, reflecting the broader complexities involved in managing high-stakes political cases where personal liberties and legal compliance frequently intersect within the judicial system.

Justice Saugata Bhattacharyya specifically noted that there are numerous reputed ophthalmic clinics throughout India capable of providing high-standard care. The court maintained that if local facilities are sufficient, the demand to travel overseas becomes secondary to the ongoing legal obligations. The refusal to cooperate with the proposed medical board ultimately solidified the court's decision to dismiss the application. This outcome reaffirms the court's stance that judicial oversight must be grounded in verified medical evidence when balancing the travel rights of an individual under legal investigation against the state's interest.

Judicial Oversight and Individual Rights

The legal representative for the petitioner maintained that the diplomatic status and consistent compliance with past travel conditions should serve as sufficient guarantees for the court. The defense pointed out that there had been no instance of the MP failing to return to India after prior medical visits. However, the state’s legal team argued that the nature of the pending investigations necessitates his presence within the country. This clash of priorities highlights the ongoing tension between the rights of a public figure and the requirements of the legal system in addressing complex criminal allegations.

Earlier in the week, the proceedings reflected a busy schedule for the High Court, as mentioned by the Supreme Court during the initial push for an expedited decision. The volume of cases pending before the bench has necessitated focused, specific rulings on such applications. While the current order settles the immediate plea for travel, it underscores the strict adherence to protocols that the court expects from all individuals currently benefiting from interim protections. The refusal of the petitioner to undergo local testing served as the technical trigger for the final order issued by the court.

Broader Legal Context and Future

The broader context of these legal battles includes various other investigations, such as those related to the operations of the Leaps and Bounds firm. While the specific application for eye treatment remains a distinct legal issue, it exists against a backdrop of wider administrative and legal challenges currently facing the leadership of the party. Moving forward, the petitioner will likely need to evaluate whether to pursue other medical options within the country or seek further legal remedies to challenge the current court's findings regarding the necessity of his travel to the United States.