High Court Rejects Abhishek Banerjee’s Request for Overseas Medical Travel
The Calcutta High Court dismissed a petition from the Trinamool Congress leader seeking permission for eye treatment in the United States. Justice Saugata Bhattacharya ruled against the request after Banerjee declined to undergo an evaluation by a local medical board at SSKM Hospital.
Key takeaways
- Justice Saugata Bhattacharya dismissed the plea after Abhishek Banerjee refused a local medical evaluation at SSKM Hospital.
- The court ruled that independent medical evidence is required to prove that overseas treatment is indispensable compared to Indian facilities.
- Banerjee's travel is currently restricted due to multiple pending criminal cases, including an anticipatory bail matter regarding alleged remarks against Amit Shah.
- The Supreme Court had previously ordered the High Court to dispose of this specific travel application within a one-week timeframe.
Judicial Decision on Medical Necessity
Justice Saugata Bhattacharya of the Calcutta High Court dismissed an application by Trinamool Congress National General Secretary Abhishek Banerjee on August 5, 2026, regarding a proposed seven-day trip to the United States for eye surgery. The court reached this conclusion after the petitioner refused a judicial recommendation to be examined by the Department of Ophthalmology at SSKM Hospital in Kolkata. The judge noted that the court requires independent medical verification to determine if foreign treatment is indispensable, as judicial authorities lack medical expertise.
Conflict Over Treatment Location
Banerjee’s legal representative, Senior Advocate Rebecca John, informed the court that the Diamond Harbour MP intended to continue specialized care under his existing medical team at Johns Hopkins Hospital. However, the court maintained that Indian medical facilities have advanced significantly, citing that even Supreme Court judges receive treatment domestically. Justice Bhattacharya stated that if the required procedures are available within India, overseas travel is not a necessity. The court formally dismissed the application once Banerjee’s counsel confirmed he would not appear before the court-suggested medical board.
Legal Context and Constraints
The travel restrictions stem from a May 22 directive issued during an anticipatory bail hearing. That case involves allegations by Rajib Sarkar regarding derogatory comments Banerjee allegedly made against Union Home Minister Amit Shah. While the defense argued that the pending criminal charges are largely bailable and carry a maximum three-year sentence, the State opposed the travel request, asserting a lack of medical emergency. The court highlighted that Banerjee currently faces approximately 15 pending criminal cases, necessitating a high threshold of proof for international travel.
Background
The petitioner’s eye injuries date back to a 2016 vehicular accident on the Durgapur Expressway. While he initially received care in Calcutta, he has since frequented international facilities for follow-up procedures. This recent legal push followed a Supreme Court instruction for the High Court to resolve the matter within one week after several delays in expedited hearings since June.
Key Facts
- Abhishek Banerjee sought a seven-day window to visit Johns Hopkins Hospital in the U.S.
- Justice Saugata Bhattacharya proposed a three-member medical committee at SSKM Hospital to evaluate the urgency of the trip.
- Banerjee declined the local medical evaluation, leading to the dismissal of his travel plea.
- The MP currently faces roughly 15 sub-judice criminal proceedings.
- Travel was previously restricted as a condition of a May 22 court order related to an anticipatory bail plea.
Source: The Hindu — National
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