The Supreme Courtroom on Monday allowed Trinamool Congress member and Lok Sabha MP Abhishek Banerjee to journey overseas for a interval of three weeks for medical remedy of his eye.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana allowed Banerjee’s attraction in opposition to the Calcutta Excessive Courtroom’s refusal to calm down the restriction on international journey, which was imposed as a situation for keep his arrest in a case over an alleged provocative comment made through the 2026 State Meeting election marketing campaign.
The Supreme Courtroom granted the permission topic to Banerjee’s endeavor that he’ll journey solely on his diplomatic passport. He has additionally been directed to share his itinerary and place of stick with the investigating company.
On the outset, Further Solicitor Common SV Raju, for the State of West Bengal, opposed the plea, saying that there have been sixteen circumstances in opposition to him, and there was a terror that he might not come again if he’s allowed to journey.
The bench nevertheless expressed disinclination to entertain the State’s objection. “Each particular person has the fitting to go overseas, each particular person has the fitting to decide on the medical care,” Justice Bagchi stated. Justice Bagchi additionally identified that the case was solely referring to an election speech.
Senior Advocate Gopal Sankaranarayanan, for Abhishek Banerjee, submitted that he has solely a diplomatic passport now, which was issued to him for Operation Sindoor outreach, and stated that the embassies will have the ability to monitor his actions when he travels on the diplomatic passport. This can deal with the State’s apprehension of absconding, he stated.
The senior counsel additional submitted that there was no likelihood of the petitioner absconding contemplating that he was an MP, a Common Secretary of a nationwide occasion, and has his household again in India. He added that many of the circumstances in opposition to him have been registered after the change of presidency within the State. The ASG retorted that the earlier dispensation didn’t dare to file the circumstances.
The ASG stated that he has no objection to the petitioner getting a medical remedy overseas; however firstly, it must be ascertained if the necessity was real, and for that there must be a medical analysis. If he’s not showing for a medical analysis, then an antagonistic inference should be drawn, the ASG contended.
Nonetheless, the bench expressed that it was granting the reduction to the petitioner. After the order was dictated, Sankaranarayanan requested that the State be directed to maintain his itinerary confidential. The bench directed that it shouldn’t be revealed.
Banerjee approached the Supreme Courtroom difficult the Calcutta High Court’s August 5 decision to reject his plea searching for permission to journey overseas for eye remedy.
The Excessive Courtroom’s restriction on international journey was imposed as a situation for a keep on his arrest within the felony case referring to an alleged provocative speech made in reference to the just lately concluded West Bengal Meeting elections.
He had earlier approached the Courtroom difficult the July 20 order of the High Court, which refused him journey permission, and as a substitute requested him to bear remedy on the state-run SSKM Hospital and the Institute of Submit Graduate Medical Schooling & Analysis (IPGME&R).
On August 3, the Supreme Courtroom disposed of his plea with a request to the Excessive Courtroom to determine the matter expeditiously. On August 5, the Calcutta Excessive Courtroom dismissed his software, saying that he declined to seem earlier than a medical board constituted to evaluate whether or not he required remedy abroad.
The Excessive Courtroom famous that had Banerjee appeared earlier than the board, its medical opinion might have enabled the court docket to find out whether or not he required remedy overseas.
The Excessive Courtroom noticed that it was not a medical knowledgeable and that, at this stage, the essential query was whether or not Banerjee required remedy, reasonably than the place such remedy was to be administered.
The Excessive Courtroom additionally rejected the argument that Banerjee had an absolute proper to decide on the physician or medical institution the place he ought to obtain remedy, noting the pendency of a number of felony prosecutions and ongoing investigations in opposition to him.
Senior Advocate Rebecca John, showing for Banerjee, had submitted within the Excessive Courtroom that he wished to proceed remedy with the specialist in the US who had beforehand operated on him. She additionally submitted that Banerjee was unwilling to bear remedy at SSKM Hospital.
The West Bengal authorities had opposed the plea, contending that there was no medical emergency warranting remedy overseas and that allowing Banerjee to journey abroad might have an effect on ongoing investigations in circumstances in opposition to him.
Case : Abhishek Banerjee v. State of West Bengal | SLP (Crl) 14489/2026
