The Supreme Court Monday allowed TMC MP Abhishek Banerjee to travel abroad for three weeks for eye treatment, overruling the Calcutta High Court’s refusal, despite West Bengal’s apprehension that he may not return amid multiple criminal cases.
A three-judge bench, presided over by Chief Justice of India Surya Kant, allowed the Trinamool Congress leader to travel on his diplomatic passport and asked him to provide details of his itinerary to the investigative agency. The bench said Banerjee should name the places he is likely to visit, the hospital where he is likely to undergo treatment, the date of return, and the details of the return flight.
The bench, also comprising Justices Joymalya Bagchi and V Mohana, allowed his request that his travel details be kept confidential and not disclosed to the public.
On August 5, the Calcutta High Court rejected Banerjee’s request to travel, citing the ongoing criminal proceedings against him, and he subsequently approached the top court.
Appearing for the West Bengal Government, Senior Advocate S V Raju said they were not saying no, but “we want to see the genuineness of the (medical) certificate”. “We want to test what has been stated… to know whether he requires any actual consultation or not,” said Raju.
To which Justice Bagchi said, “Let him go, get himself checked. In the meantime, you start another criminal case if you find that the document is forged.”
Raju pointed out that there are 16 cases against him, and they “apprehend he may not come back.”
When Justice Bagchi said the state is “weighed with much more serious investigations than this,”
Raju said, “This is also a serious investigation. There are so many scams.”
Justice Bagchi pointed out that there are many cases “where this individual is involved or alleged to be involved in much graver allegations and you have not taken any steps against him”.
On the prayer for medical treatment abroad, the judge added, “That’s his choice. Every individual has a right to go abroad, every individual has a right to choose the medical assistance…”.
Appearing for Banerjee, Senior Advocate Gopal Sankaranarayanan said his client has two passports.
“One is a diplomatic passport for the Operation Sindoor outreach for which I was sent, and I have a personal passport. I will deposit my personal passport. The embassies everywhere can keep track of me through the diplomatic passport. I am offering this as a condition”.
Justice Bagchi noted that the case arose from a complaint about allegedly inflammatory speech during the West Bengal Assembly election campaign.
When Raju reiterated that there are 15 more cases, Sankaranarayanan said, “Every single one of those was filed after May 5 when elections were declared. Nothing before May 5. Not one”.
“He was all-powerful, did not allow the (registration of FIRs)… Nobody would have dared register (any FIR),” Raju countered and added that the state is only saying, “let there be an assessment whether he requires treatment”. “That’s all. And if he refuses, an adverse inference has to be drawn”.
Raju said that Banerjee had refused to undergo a CT scan and an MRI. Sankaranarayanan said that the doctor who gave the medical certificate to Banerjee is one of the top doctors in the field.
When Justice Mohana pointed out that he had already travelled 15 times for treatment, Raju said no case was pending against him at that time. “The likelihood of not returning is more today”.
“With his wife and children in Kolkata, I don’t think he (Raju) is serious about that (the submission that Banerjee would not return). Apart from being general secretary of a national party,” Sankaranarayan said.
The senior lawyer added he had now been told that Banerjee only has a diplomatic passport and does not have a personal passport.
The bench accordingly allowed him to travel using the diplomatic passport.
Recommended for you
Found this helpful?
Share this story with your network
