The Calcutta high court has dismissed Trinamool Congress leader Abhishek Banerjee's request to travel abroad for eye treatment, citing his refusal to undergo a medical board assessment and ongoing criminal investigations.
Key Points
- Calcutta high court dismissed Abhishek Banerjee's plea to travel abroad for eye treatment.
- Banerjee refused to appear before a state-run medical board for assessment.
- The court deemed his medical board appearance essential to determine the necessity of foreign treatment.
- Ongoing criminal investigations against Banerjee were cited as a reason for requiring his presence in India.
- Banerjee's counsel argued for his right to choose his medical treatment and institute.
The Calcutta high court on August 5, Wednesday, dismissed Trinamool Congress (TMC) leader Abhishek Banerjee's plea to travel abroad for eye treatment.
The court had earlier advised Banerjee to appear before a medical board at the state-run SSKM hospital on August 6 for its opinion on the matter.
However, as the TMC leader submitted that he was not ready to do so, the court dismissed his plea to go abroad.
Court's Rationale For Dismissal
The court opined that such appearance before doctors at SSKM was necessary to assess Banerjee's medical condition and furnish an opinion before the bench whether it was necessary for him to go abroad or if the treatment can be administered in India.
At this stage, what is important is the treatment of the petitioner; where it will be administered is immaterial, the bench comprising Justice Saugata Bhattacharya observed.
Arguments From Both Sides
While granting interim protection in a criminal case earlier, the court had said that Banerjee cannot leave India without permission.
Challenging the order, Banerjee had moved the Supreme Court, which asked the high court on August 3 to decide Banerjee's plea for permission expeditiously.
Opposing Banerjee's plea, state Additional Advocate General Rajdeep Majumder argued that several criminal prosecutions are pending against Banerjee and there is no emergent medical situation that requires the TMC leader to travel abroad for treatment.
Majumdar added that in the wake of the ongoing investigations in connection with several FIRs against Banerjee, his presence may be required in the country.
Appearing on behalf of Banerjee, senior advocate Rebecca John submitted that it was the right of the applicant to choose his doctor and medical institute for treatment, especially when it involves continuity of medical care.
