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Calcutta HC dismisses Abhishek Banerjee's plea to travel abroad
A man named Abhishek Banerjee is an important leader of a political party in India.
He has some eye problems and wanted to go to another country to see the same eye doctor who had operated on him before.
But a court had earlier said he could not leave India without permission because some criminal cases against him are being investigated.
He asked the Calcutta High Court for permission to travel abroad for treatment.
The judge wanted him to first be examined by doctors at a big government hospital in Kolkata to check if he could be treated in India.
Banerjee did not want to do that, so the court dismissed his request.
The judge said what matters is that he gets proper treatment, not where it is given.
His lawyers said a patient has the right to choose their own doctor.
In the end, the court said he cannot go abroad for now.
The Calcutta High Court on Wednesday dismissed TMC national general secretary Abhishek Banerjee's plea to travel abroad for eye treatment.
Banerjee declined to appear before a medical board at the state-run SSKM Hospital proposed for August 6, prompting the dismissal.
Justice Saugata Bhattacharya's bench said an independent medical assessment was needed and that where treatment is given is immaterial if it is available in India.
The state opposed the plea, citing pending criminal prosecutions, multiple FIRs, and the possible need for Banerjee's presence during investigations.
The Supreme Court on August 3 had directed the High Court to decide the travel application expeditiously.
- Who
- Trinamool Congress national general secretary and Diamond Harbour MP Abhishek Banerjee; the Calcutta High Court bench of Justice Saugata Bhattacharya; state Additional Advocate General Rajdeep Majumder; and senior advocate Rebecca John for Banerjee.
- What
- The Calcutta High Court dismissed Banerjee's plea to travel abroad for eye treatment after he declined to appear before a court-ordered medical board at SSKM Hospital.
- Where
- Calcutta High Court, Kolkata, India; Banerjee sought to travel to the John Hopkins Institute in the United States.
- When
- Wednesday, August 5; the medical board assessment had been scheduled for August 6.
- Why
- The court said an independent medical assessment was needed to decide whether treatment abroad was required or available in India, while the state argued there was no medical emergency and that pending criminal cases require Banerjee's presence in India.
Banerjee's Position
Court and State Position
Medical assessment before foreign travel
Banerjee's Position
Banerjee declined to appear before the SSKM medical board and argued it was his right to choose his doctor and medical institution, especially for continuity of medical care.
Court and State Position
The court said an independent medical assessment was necessary to decide if treatment abroad was required or could be administered in India; where treatment is given is immaterial.
Whether foreign treatment is necessary
Banerjee's Position
Banerjee sought to continue treatment with the same neuro-ophthalmologist in the United States, where he had already undergone two surgeries, arguing continuity of care with the same medical team was medically necessary.
Court and State Position
The state said there was no emergent medical situation requiring treatment abroad, and the judge said foreign travel should be considered only if treatment was unavailable in India.
Travel history and pending cases
Banerjee's Position
Counsel noted Banerjee had travelled abroad 12 times between 2023 and 2025 and always returned within the stipulated period, that his diplomatic passport made his travel fully traceable, and that he was previously permitted to travel abroad in an Enforcement Directorate matter.
Court and State Position
The judge questioned how several pending criminal cases against Banerjee would continue if he went abroad; the state noted he was not an accused in the earlier Enforcement Directorate matter where travel was permitted.
Key facts
- Court
- Calcutta High Court
- Petitioner
- Abhishek Banerjee (TMC national general secretary, Diamond Harbour MP)
- Purpose of Plea
- Permission to travel abroad for eye treatment
- Presiding Judge
- Justice Saugata Bhattacharya
- Destination Sought
- John Hopkins Institute, United States; continuity of care with his neuro-ophthalmologist
- Medical Board
- State-run SSKM Hospital, scheduled for August 6
- Reason for Dismissal
- Banerjee declined to appear before the medical board
- Pending Cases
- Multiple criminal prosecutions and FIRs against Banerjee
Quotes
State Additional Advocate General Rajdeep Majumder
Government legal counsel for the state
“"At this stage, what is important is the treatment of the petitioner; where it will be administered is immaterial."”
telegraphindia.com
“There is no emergent medical situation that requires the TMC leader to travel abroad for treatment.”
theprint.in
Sources
Abhishek Banerjee barred from travelling abroad for eye treatment
Calcutta HC dismisses TMC leader Abhishek Banerjee’s plea to travel abroad for eye treatment
'Treatment is important, not where it's given': Calcutta HC rejects Abhishek Banerjee's plea
Calcutta High Court turns down Abhishek’s plea to travel abroad for eye treatment
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