Kolkata, Aug 5 The Calcutta High Court on Wednesday dismissed Trinamool Congress leader Abhishek Banerjee's plea to travel abroad for eye treatment.
The court had earlier advised Banerjee to appear before a medical board at the state-run SSKM hospital here on August 6 for its opinion on the matter.
However, as the TMC leader submitted that he was not ready to do so, the court dismissed his plea to go abroad.
"In view of the submission by the counsel for the applicant (on instructions) that he will not appear before the medical board as indicated by this court, this court finds the issue which is agitated by filing the application ought not to be kept pending further," it said while dismissing the application.
The court opined that appearing before doctors at SSKM was necessary to assess Banerjee's medical condition and furnish an opinion before the bench whether it was necessary for him to go abroad or if the treatment can be administered in India.
At this stage, what is important is the treatment of the petitioner; where it will be administered is immaterial, the bench of Justice Saugata Bhattacharya observed.
Banerjee's plea for permission to travel to the John Hopkins Institute in the USA came against the backdrop of a string of FIRs registered against him following the change of guard at West Bengal's power corridors.
The BJP swept the state polls in May this year, dislodging the TMC, of which the leader is the national general secretary.
While granting interim protection in a criminal case related to alleged provocative comments made during poll campaigns, the high court had said that Banerjee cannot leave India without permission.
Challenging an order refusing to grant immediate travel permission without confirming that his eye condition cannot be treated adequately within the country, Banerjee had moved the Supreme Court.
The top court, however, asked the high court on August 3 to decide his plea for permission expeditiously.
Opposing Banerjee's plea, state Additional Advocate General Rajdeep Majumder argued in the high court that several criminal prosecutions were pending against the TMC leader and there was no emergent medical situation that requires him to travel abroad.
Majumdar added that in the wake of the ongoing investigations in connection with several FIRs against Banerjee, his presence may be required in the country.
Appearing on behalf of Banerjee, senior advocate Rebecca John submitted that it was the right of the applicant to choose his doctor and medical institute for treatment, especially when it involves continuity of medical care.
Maintaining that Banerjee had been availing medical treatment at John Hopkins in the past, the counsel placed on record a report from the medical facility, listing the treatments earlier administered to the applicant.
John pointed out that Banerjee was only seeking permission to travel abroad for a limited period of time.
As an MP holding a diplomatic passport, the applicant's movement is always tracked, she said, adding that Banerjee has his family here and has travelled abroad and returned to India several times before.
"If this treatment can be administered in India, there is no need to go abroad. I will direct the Department of Ophthalmology in SSKM -- a three-member medical board can check Banerjee and give a report. If treatment is very urgent, it can be administered in our country as well..
"India is not lagging in medical science; we are also making advancements. Even Supreme Court judges are getting treated in our country," Justice Bhattacharya observed during the course of hearing.
Kolkata, Aug 5 The Calcutta High Court on Wednesday dismissed Trinamool Congress leader Abhishek Banerjee's plea to travel abroad for eye treatment.
The court had earlier advised Banerjee to appear before a medical board at the state-run SSKM hospital on August 6 for its opinion on the matter.
However, as the TMC leader submitted that he was not ready to do so, the court dismissed his plea to go abroad.
The court opined that such appearance before doctors at SSKM was necessary to assess Banerjee's medical condition and furnish an opinion before the bench whether it was necessary for him to go abroad or if the treatment can be administered in India.
At this stage, what is important is the treatment of the petitioner; where it will be administered is immaterial, the bench comprising Justice Saugata Bhattacharya observed.
While granting interim protection in a criminal case earlier, the court had said that Banerjee cannot leave India without permission.
Challenging the order, Banerjee had moved the Supreme Court, which asked the High Court on August 3 to decide Banerjee's plea for permission expeditiously.
Opposing Banerjee's plea, state Additional Advocate General Rajdeep Majumder argued that several criminal prosecutions are pending against Banerjee and there is no emergent medical situation that requires the TMC leader to travel abroad for treatment.
Majumdar added that in the wake of the ongoing investigations in connection with several FIRs against Banerjee, his presence may be required in the country.
Appearing on behalf of Banerjee, senior advocate Rebecca John submitted that it was the right of the applicant to choose his doctor and medical institute for treatment, especially when it involves continuity of medical care.
Abhishek Banerjee v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2954628
