Supreme Court permits Abhishek Banerjee’s foreign travel for eye treatment

August 10, 2026

New Delhi:  The Supreme Court on Monday allowed Trinamool Congress general secretary and Lok Sabha member Abhishek Banerjee to travel abroad for three weeks for medical treatment of his eye, setting aside the Calcutta High Court’s refusal to relax the restriction on his foreign travel.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana allowed Banerjee’s appeal subject to certain conditions, including that he would travel only on his diplomatic passport and share his itinerary and place of stay abroad with the investigating agency. The CJI Kant-led Bench expressed its disinclination to entertain the objections raised by the West Bengal government against Banerjee’s overseas travel, observing that every individual has a right to travel abroad and choose his medical treatment.

During the hearing, Additional Solicitor General S.V. Raju, appearing for the West Bengal government, opposed the plea, submitting that there were several cases registered against Banerjee and expressing apprehension that he might not return if permitted to travel abroad.

ASG Raju said the state government had no objection to Banerjee receiving medical treatment abroad, but contended that it first needed to be ascertained whether the overseas treatment was genuinely required through a medical evaluation. He argued that since Banerjee had declined to appear for a medical evaluation before a board constituted by the Calcutta High Court, an adverse inference should be drawn against him.

On the other hand, senior advocate Gopal Sankaranarayanan, appearing for Banerjee, submitted that his client presently had only a diplomatic passport, issued to him in connection with Operation Sindoor outreach, and that the embassies concerned would be able to monitor his movements during the foreign visit. He also submitted that there was no possibility of Banerjee absconding as he was a Lok Sabha member, general secretary of a national political party and had his family in India.

After hearing the submissions, the Supreme Court directed Banerjee to furnish details of his itinerary, including his place of residence in the foreign country, the doctors or hospital where he proposes to undergo treatment, the period of his stay and flight details. The CJI Kant-led Bench said the details furnished by Banerjee could be used by the investigating agencies for their purposes but would remain confidential.

The Diamond Harbour MP had approached the Supreme Court after the Calcutta High Court on August 5 dismissed his application seeking permission to travel abroad for ophthalmic treatment. The High Court had declined permission after Banerjee’s counsel informed the court that he would not appear before a medical board constituted at the state-run S.S.K.M. Medical College and Hospital in Kolkata to assess his eye condition and determine whether treatment abroad was required.

Earlier, on August 3, the Supreme Court had disposed of Banerjee’s plea challenging the High Court’s refusal to immediately permit his foreign travel, requesting the High Court to decide the matter expeditiously.