The Supreme Court on Monday (10 August) permitted Trinamool Congress (TMC) MP Abhishek Banerjee to travel abroad for three weeks in September for eye treatment, setting aside the restriction that had prevented him from seeking treatment overseas.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order while hearing Banerjee’s challenge to the Calcutta High Court’s refusal to permit his foreign travel.
The Supreme Court made the permission subject to specific safeguards, including travel on his diplomatic passport and disclosure of his itinerary to the investigating agencies.
Background of the Case
Banerjee had sought permission to travel abroad for medical treatment by a specialist with whom he had previously undergone treatment. The Calcutta High Court had refused the request on August 5, after noting that he had not appeared before a medical board constituted to assess his requirement for treatment overseas.
The High Court had also directed attention towards treatment available at state-run medical institutions.
Banerjee then approached the Supreme Court against the High Court's decision.
During the hearing, Senior Advocate Gopal Sankaranarayanan, appearing for Banerjee, submitted that he could travel using his diplomatic passport. He offered to deposit his personal passport with the authorities.
Supreme Court's Observation
The State opposed the request, referring to several cases pending against Banerjee and expressing concern that he might not return after travelling abroad.
The Bench, however, emphasised an individual's right to travel and make choices concerning medical care.
“Every individual has a right to travel abroad. Every individual has a right to choose his medical treatment,” the Supreme Court observed.
Justice Joymalya Bagchi also responded to the State's concerns regarding the number of cases pending against Banerjee.
The Bench ultimately found it appropriate to permit the foreign travel subject to conditions.
Decision of the Supreme Court
The Supreme Court allowed Banerjee to travel abroad for a period of three weeks in September. He was directed to travel only on his diplomatic passport.
The Court further directed him to provide details of his itinerary, place of residence abroad, treating doctors or hospital, duration of stay and flight details to the concerned agencies.
The Bench ordered that these details would be used by the agencies for their purposes and would remain confidential.
The appeal was accordingly allowed to the extent of granting Banerjee permission to travel abroad for medical treatment subject to the conditions imposed by the Supreme Court.
Case Details
Case Title: Abhishek Banerjee v. State of West Bengal
Case Number: SLP (Crl) 14489/2026
Bench: Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana
Decision Date: August 10, 2026
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