The Supreme Court on Monday granted Trinamool Congress general secretary and Lok Sabha MP Abhishek Banerjee permission to travel overseas for three weeks to undergo eye treatment.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order after Banerjee challenged the Calcutta High Court’s refusal to modify the restriction preventing him from travelling outside India.
The Supreme Court’s decision effectively sets aside the High Court’s latest order on the issue and allows the TMC leader to proceed with his medical treatment abroad.
HIGH COURT HAD REFUSED TO RELAX TRAVEL CONDITION
The Calcutta High Court had rejected Banerjee’s request on August 5.
While considering his plea, the High Court had noted that Banerjee had declined to appear before a medical board at a government hospital in Kolkata for an assessment of his medical condition.
The court had observed that an examination by the medical board could have provided an independent medical opinion on whether treatment abroad was necessary. Based on that assessment, the court could then have considered whether Banerjee needed permission to travel overseas.
Banerjee subsequently challenged the decision before the Supreme Court.
SUPREME COURT HAD EARLIER ASKED HIGH COURT TO HEAR PLEA
The latest order follows an earlier intervention by the Supreme Court.
On August 3, the top court had directed the Calcutta High Court to consider Banerjee’s application seeking permission to travel abroad within a week.
The dispute over his overseas travel stems from conditions imposed on him in connection with a case involving alleged remarks made during a public meeting held amid the West Bengal Assembly elections.
COURT EXTENDS PROTECTION FROM COERCIVE ACTION
The travel restriction was part of the conditions attached to temporary protection granted to Banerjee in the case.
The Calcutta High Court had previously extended that protection from coercive action until October 6, or until further orders, whichever came first.
As part of the relief, Banerjee was directed to cooperate with the investigation and comply with the existing condition requiring court permission before travelling abroad.
The TMC MP has also sought cancellation of the FIR registered against him.
With the Supreme Court now permitting his three-week overseas trip for eye treatment, Banerjee can proceed with the proposed medical care while the underlying legal proceedings continue.