Abhishek Banerjee, the General Secretary of the Trinamool Congress (TMC) and a Lok Sabha MP, has been granted permission by the Supreme Court to travel abroad for three weeks for eye treatment. The order was passed on Monday, overturning restrictions imposed earlier by the Calcutta High Court in connection with a case linked to alleged controversial remarks made during the 2026 West Bengal Assembly election campaign.
A bench comprising Chief Justice Surya Kant, Justice Jayamalya Bagchi and Justice V Mohana allowed Banerjee’s plea, subject to certain conditions. The court directed that he must travel using his diplomatic passport and submit his full travel itinerary, along with details of his stay abroad, to the investigating agency. However, on a request made by his counsel Gopal Sankaranarayanan, the bench clarified that the itinerary must remain confidential and not be disclosed publicly.
During the hearing, Additional Solicitor General SV Raju, appearing for the state, opposed the application, arguing that as many as 16 cases are pending against Banerjee and raising concerns that he might not return if allowed to travel abroad. The court, however, rejected this contention. Justice Bagchi observed that every individual has the right to travel abroad and choose medical treatment of their preference, noting that the primary case relates only to an election speech.
Banerjee’s legal team argued that he had been issued a diplomatic passport for an outreach initiative and would travel using the same, ensuring traceability through international channels. The defence also highlighted his status as a sitting Member of Parliament, a senior party functionary, and the fact that his family resides in India, thereby reducing any risk of absconding.
The counsel further contended that multiple cases were filed against Banerjee only after a change in the state government, a claim contested by the state, which maintained that earlier administrations lacked the will to pursue such action. The state had also argued that Banerjee should first appear before a medical board constituted to assess the necessity of treatment abroad.
Earlier, on August 5, the Calcutta High Court had rejected Banerjee’s plea for foreign travel, observing that he had not appeared before the designated medical board. During those proceedings, senior advocate Rebecca John had informed the court that Banerjee wished to continue treatment with a US-based specialist who had previously operated on his eyes and was unwilling to undergo treatment at state-run institutions such as SSKM Hospital or IPGMER.
Challenging the High Court’s order, Banerjee moved the Supreme Court, which has now granted him relief, allowing him to proceed with his treatment abroad under specified safeguards.
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