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HC Dismisses Abhishek Banerjee's Foreign Travel Plea for Eye Care
Abhishek Banerjee is an important politician in India and a leader of the Trinamool Congress party.
A few years ago, he was in a car accident and hurt his eye very badly.
He wanted to travel to another country for treatment by special eye doctors.
The court in Kolkata said he first needed its permission to leave the country.
The judge suggested he be checked by doctors at SSKM Hospital, a big government hospital in Kolkata.
The judge even wanted a special team of eye doctors there to examine him.
But Banerjee said he would not go to that team of doctors.
Because he refused, the court said no to his request to travel abroad.
He will now have to decide what to do next about his eye treatment.
The Calcutta High Court dismissed Trinamool Congress MP Abhishek Banerjee's plea to travel abroad for treatment of the eye injury he suffered in a 2016 car accident.
The plea was rejected after Banerjee's counsel indicated he would not appear before a three-member medical board of SSKM Hospital's ophthalmology department suggested by the court.
The Supreme Court had referred the matter back to the High Court and directed it to decide the case within seven days.
The court noted several criminal cases pending against Banerjee, including a hate speech case, and had extended his interim protection from arrest till October.
Banerjee has previously undergone treatment abroad, including at Johns Hopkins, after initial care in India.
- Who
- Abhishek Banerjee, the Trinamool Congress general secretary and Diamond Harbour MP, whose plea was heard by Justice Saugata Bhattacharya of the Calcutta High Court; the state was represented by Additional Advocate General Rajdeep Majumdar.
- What
- The Calcutta High Court dismissed Banerjee's plea to travel abroad for eye treatment after he refused to appear before the suggested SSKM Hospital medical board.
- Where
- Calcutta High Court in Kolkata, West Bengal, India.
- When
- Wednesday, a week after the Supreme Court referred the matter back with a direction to decide it within seven days; the eye injury dates to a car accident in October 2016.
- Why
- Banerjee sought permission for overseas ophthalmic treatment for his 2016 eye injury, but the court and the state argued treatment could be availed in India.
Banerjee's side
Court and state's side
Overseas vs domestic eye treatment
Banerjee's side
Banerjee needs to continue treatment overseas, where he has been under care including at Johns Hopkins after his 2016 accident.
Court and state's side
Medical science in India has advanced, so Banerjee can be examined and treated at SSKM Hospital in Kolkata; the state said there was no medical emergency.
Medical board assessment
Banerjee's side
Banerjee's counsel indicated he would not appear before the medical board suggested by the court.
Court and state's side
The court proposed a three-member medical board from SSKM Hospital's ophthalmology department to assess whether treatment could be done in India instead.
Foreign travel with pending criminal cases
Banerjee's side
Banerjee's counsel urged the court to allow the overseas visit under strict conditions even though cases are pending against him.
Court and state's side
The court noted several criminal cases pending against Banerjee, and the state opposed travel on the ground that there was no medical emergency.
Key facts
- Petitioner
- Abhishek Banerjee, Trinamool Congress general secretary and Diamond Harbour MP
- Court
- Calcutta High Court (Justice Saugata Bhattacharya)
- Outcome
- Plea dismissed
- Grounds for dismissal
- Counsel said Banerjee would not appear before the SSKM Hospital medical board
- Supreme Court direction
- Matter referred back to Calcutta HC with a seven-day deadline
- Medical alternative offered
- Three-member medical board of SSKM Hospital's ophthalmology department
- Eye injury
- Car accident in October 2016; previously treated abroad, including at Johns Hopkins
- Pending criminal cases
- Several cases, including a hate speech case involving remarks against Union Home Minister Amit Shah; interim protection from arrest extended till October
Quotes
Justice Saugata Bhattacharyya, Calcutta High Court Judge
Judge of Calcutta High Court
“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, the present application is dismissed.”
deccanchronicle.com
“I have come to know from newspaper reports that the Apex Court has asked Calcutta High Court to settle the case regarding the eye treatment of a political leader within seven days. This court has decided to hear the case tomorrow (Wednesday). A state counsel should be present during the hearing.”
telegraphindia.com
Sources
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