The Supreme Court on Monday allowed Trinamool Congress MP Abhishek Banerjee to travel abroad for three weeks to undergo eye treatment, reports The Hindustan Times.
A bench comprising Chief Justice of India Surya Kant and Justices Joymala Bagchi and V. Mohama passed the order while hearing Banerjee’s challenge to a Calcutta High Court decision that had refused to allow him to travel abroad for treatment, according to PTI.
The Calcutta High Court had rejected his request on 5 August, citing his unwillingness to appear before the medical board at the state-run SSKM Hospital the following day. Banerjee then approached the Supreme Court, challenging the decision.
The High Court had said the matter could have been considered if Banerjee had agreed to appear before the medical board and obtained an assessment from state medical experts on whether treatment abroad was necessary.
“In view of submission made on behalf of the applicant (MP Banerjee) that applicant will not appear before the medical board at SSKM Hospital, Kolkata, this court finds the issue which is agitated before this court by filing application… ought not to be kept pending further,” the High Court said while rejecting his application.
The medical board’s opinion would have helped determine whether Banerjee needed to travel abroad for treatment and would have enabled the court to reach a decision based on the medical assessment.
A reversal of the High Court's decision
On 3 August, the Supreme Court directed the Calcutta High Court to consider within a week Banerjee's plea seeking permission to travel abroad for treatment for an eye condition.
Senior advocate Gopal Sankaranarayan, appearing for Banerjee, told the Supreme Court that the plea sought modification of the High Court's order, in order to allow him to travel overseas for eye treatment.
This comes after the Calcutta High Court previously extended Banerjee's interim protection from coercive action until 6 October in a case concerning alleged comments he made against the leaders and workers of a rival party at a public meeting on 27 April, ahead of the second phase of the assembly polls for West Bengal. As it granted the relief, the high court directed Banerjee to cooperate with the investigation and barred him from travelling abroad while the investigation is ongoing without the court's permission. It also noted that several reputed eye clinics were available in Kolkata for treatment.
