Justice Saugata Bhattacharyya rejected the Diamond Harbour MP’s application on Wednesday after his lawyers indicated that he was not prepared to appear before a medical board at the state-run SSKM Medical College and Hospital. The examination had been proposed to determine whether the treatment he sought was unavailable in Kolkata.
The court said medical facilities within the country were capable of treating complicated conditions and questioned the necessity of overseas care without an independent clinical assessment. It also referred to the availability of advanced treatment at domestic hospitals while declining to relax the restrictions on Banerjee’s foreign travel.
Banerjee requires the court’s permission to leave the country because he is protected from coercive action in a criminal case linked to statements allegedly made during the West Bengal Assembly election campaign. The protection was granted on conditions that included cooperation with the investigation and restrictions on international travel.
His lawyers argued that the right to choose a doctor and place of treatment formed part of personal liberty. They said Banerjee had received ophthalmic treatment abroad for several years and wanted to continue consulting specialists familiar with his medical history.
The court, however, maintained that the request could be considered only after qualified doctors in Kolkata examined him and concluded that the required care could not be provided locally. It had proposed that the head of ophthalmology at SSKM Hospital constitute a board and submit a report.
Banerjee’s decision not to accept that arrangement weakened the basis of his application. The court dismissed the plea after being informed that he was unwilling to attend the examination scheduled for August 6.
The dispute over the travel request began when Banerjee sought an urgent hearing to obtain clearance for overseas treatment. During an earlier hearing on July 20, the court asked whether his eye condition could be managed at one of Kolkata’s specialised hospitals.
Justice Bhattacharyya said at that stage that the court would examine a medical board’s findings before deciding whether foreign travel was necessary. The judge made it clear that the restriction was connected to the continuing criminal investigation rather than a general prohibition on seeking treatment abroad.
Banerjee suffered serious injuries around his left eye in a road accident on the Durgapur Expressway in October 2016. He has since undergone operations and follow-up treatment, including consultations outside the country. His legal team relied on that medical history to argue that continuity of care was important.
The state opposed the application, submitting that several proceedings involving the Trinamool leader remained under investigation. It argued that his departure could affect the progress of the cases and that permission should not be granted without firm evidence that overseas treatment was medically essential.
The principal case concerns speeches delivered during the Assembly election campaign. Banerjee has been accused of making provocative or intimidating statements directed at political opponents. A first information report was registered in May under provisions of the Bharatiya Nyaya Sanhita and the Representation of the People Act.
The Criminal Investigation Department later took over the inquiry and questioned him for more than six hours in June. Investigators also sought a voice sample to compare with recordings of the campaign speeches circulated through social media.
The High Court had earlier criticised Banerjee for failing to provide the sample despite being protected from arrest and other coercive measures. It warned that the relief was conditional on his full cooperation with the investigation.
Banerjee subsequently submitted his voice sample before a judicial magistrate in Bidhannagar in July. The court then extended his interim protection while directing the investigating authorities to continue their work.
The travel restriction remains significant because Banerjee is one of the Trinamool Congress’s most prominent leaders and serves as the party’s national general secretary. He is also the nephew of party chairperson Mamata Banerjee and has played a central role in its electoral and organisational strategy.
(IPA Service)
