The Supreme Court of India has granted permission for Trinamool Congress (TMC) leader Abhishek Banerjee to travel abroad for eye treatment.
The ruling overrides a previous decision by the Calcutta High Court that had denied the request. This development is significant as Banerjee, a Lok Sabha MP and party general secretary, is currently facing multiple legal challenges that the state argued could influence his willingness to return to India.
Banerjee is permitted to travel for a duration of three weeks [2]. The travel is scheduled to take place in September [3]. The court said that an assessment by a medical board could help determine the necessity of the overseas procedure.
During the proceedings, the state expressed concerns regarding the risk of flight. Government representatives pointed to the 16 pending criminal cases arraigned against the TMC leader [1]. The state said that these legal burdens created an incentive for the politician to avoid returning to the country.
Despite these objections, the Supreme Court set aside the High Court's restrictive order. The decision allows the MP to access an unspecified overseas medical facility to address his eye condition. The court's move prioritizes the immediate medical needs of the lawmaker over the state's concerns regarding his legal status.
Banerjee's legal team had sought the intervention of the apex court after the Calcutta High Court blocked the travel. The Supreme Court's intervention ensures that the MP can proceed with his medical schedule next month.
“The Supreme Court of India has granted permission for Trinamool Congress (TMC) leader Abhishek Banerjee to travel abroad for eye treatment.”
This ruling highlights the tension between a defendant's right to medical care and the state's interest in ensuring the presence of an accused individual during ongoing criminal proceedings. By granting a limited three-week window, the court balances the urgent need for specialized healthcare against the perceived flight risk associated with the 16 pending cases.
