The Calcutta High Court on Wednesday (5 August) dismissed Trinamool Congress (TMC) MP Abhishek Banerjee's application seeking permission to travel abroad for eye treatment after he declined the Court's proposal to undergo an examination by a medical board in Kolkata. The Court held that it could not determine whether overseas treatment was necessary without an independent medical assessment in India.
Background of the Case
Banerjee had approached the High Court seeking permission to travel overseas for treatment of an eye condition. The request arose because, in one of the criminal cases pending against him, the Court had earlier directed that he should not leave India without prior permission.
Earlier, the High Court had indicated that such permission could be considered only after experts confirmed that the required treatment was unavailable in India. Banerjee challenged that order before the Supreme Court, which directed the High Court to decide the application within a week, leaving the final decision to it.
During the hearing, Senior Advocate Rebecca John, appearing for Banerjee, argued that he had previously undergone surgeries at Johns Hopkins Hospital in the United States and wished to continue treatment with the same specialists. She submitted that continuity of medical care was important and that Banerjee had consistently returned to India after his previous foreign visits.
The State opposed the plea, contending that there was no medical emergency requiring treatment abroad and pointing out that investigations in multiple criminal cases against Banerjee were still in progress.
Court's Observations
Justice Saugata Bhattacharyya observed that the Court was not a medical expert and therefore required an independent opinion before deciding whether treatment outside India was medically indispensable.
The bench proposed constituting a three-member medical board from the Ophthalmology Department of SSKM Hospital to examine Banerjee.
The Court remarked,
"If this treatment can be administered in India, there is no need to go abroad."
It also noted that medical facilities in India have significantly advanced and that the necessity of foreign treatment must first be verified through expert evaluation.
The Court further expressed reservations about the medical opinion submitted by Banerjee, observing that the doctor's report did not disclose registration details or institutional affiliation, making it difficult to assess its reliability.
Refusal to Undergo Examination
When repeatedly asked whether Banerjee was willing to appear before the proposed medical board, his counsel informed the Court that he wished to continue treatment abroad and would not undergo the suggested examination in India.
Recording this stand, the Court observed that it would have considered the medical board's findings before deciding the request had Banerjee agreed to the assessment.
Court's Decision
Dismissing the application, the Court recorded:
"In view of the submission that the applicant will not appear before the medical board as indicated by this Court, the issue raised in the application ought not to be kept pending further. Hence, the present application is dismissed."
The High Court therefore declined to grant permission for Banerjee's foreign travel for eye treatment.
