TMC MP Abhishek Banerjee Approaches Supreme Court Second Time Seeking Foreign Travel Permission For Eye Treatment

Trinamool Congress MP Abhishek Banerjee has approached the Supreme Court challenging the Calcutta High Court's August 5 decision to reject his plea seeking permission to travel abroad for eye treatment. 

The High Court's restriction on foreign travel was imposed as a condition for a stay on his arrest in the criminal case relating to an alleged provocative speech made in connection with the recently concluded West Bengal Assembly elections. 

He had earlier approached the Court challenging the July 20 order of the High Court, which refused him travel permission, and instead asked him to undergo treatment at the state-run SSKM Hospital and the Institute of Post Graduate Medical Education & Research (IPGME&R).

On August 3, the Supreme Court disposed of his plea with a request to the High Court to decide the matter expeditiously. On August 5, the Calcutta High Court dismissed his application, saying that he declined to appear before a medical board constituted to assess whether he required treatment overseas.

The High Court noted that had Banerjee appeared before the board, its medical opinion could have enabled the court to determine whether he required treatment abroad.

The High Court observed that it was not a medical expert and that, at this stage, the crucial question was whether Banerjee required treatment, rather than where such treatment was to be administered.

The High Court also rejected the argument that Banerjee had an absolute right to choose the doctor or medical establishment where he should receive treatment, noting the pendency of several criminal prosecutions and ongoing investigations against him.

Senior Advocate Rebecca John, appearing for Banerjee, had submitted that he wanted to continue treatment with the specialist in the United States who had previously operated on him. She also submitted that Banerjee was unwilling to undergo treatment at SSKM Hospital.

The West Bengal government had opposed the plea, contending that there was no medical emergency warranting treatment abroad and that permitting Banerjee to travel overseas could affect ongoing investigations in cases against him.

 Case : Abhishek Banerjee v. State of West Bengal | SLP (Crl) 14489/2026