SC allows Abhishek Banerjee to travel abroad for eye treatment, sets conditions
The apex court, however, granted Banerjee the relief on condition that he would only travel on his diplomatic passport
The Supreme Court on Monday (August 10) granted permission to Trinamool Congress (TMC) general secretary and Lok Sabha MP Abhishek Banerjee to travel abroad for receiving medical treatment for his eye for three weeks.
The verdict was given by the bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana during the hearing of Banerjee’s appeal against the Calcutta High Court’s decision not to relax the restriction on his foreign travel, which was imposed as a stipulation for staying his arrest in a case of alleged provocative remarks made during campaigning in the recently concluded West Bengal Assembly elections.
Stipulation imposed
The apex court, however, granted Banerjee the relief on condition that he would only travel on his diplomatic passport, adding that he must also share his itinerary and place of stay with the investigating agency.
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During the hearing, Additional Solicitor General SV Raju, appearing for the State of West Bengal, opposed Banerjee’s plea, arguing there were 16 cases registered against him and an apprehension that he may not return if allowed to travel abroad.
What Justice Bagchi said
However, the bench was not convinced by the argument. "Every individual has the right to go abroad, every individual has the right to choose the medical care," Justice Bagchi said as quoted by Live Law. The judge also pointed out that the case against Banerjee was only related to an election speech.
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Appearing for Banerjee, senior advocate Gopal Sankaranarayanan stated that his client only has a diplomatic passport now, issued to him during the Centre’s Operation Sindoor outreach.
He further stated that when Banerjee would be travelling with his diplomatic passport, the concerned embassies would be able to monitor his movement, adding that it addresses the State’s apprehension that he might abscond.
State raises objections
The counsel further stated that there was no possibility of Banerjee absconding as he was an MP, a General Secretary of a national party, and also has his family in India. He further stated that the cases against Banerjee were lodged after the change of government in West Bengal.
At this point, the ASG countered, stating that the previous dispensation in the state did not dare to file cases against Banerjee.
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He further argued that he was not against Banerjee travelling abroad for medical treatment, but a medical evaluation is required for it to determine whether he actually needs such treatment, adding that if Banerjee was not appearing for such an evaluation, then an adverse inference must be drawn.
The Supreme Court on August 3 had asked the Calcutta High Court to take up within a week Banerjee's plea seeking permission to travel abroad.