Court dismisses application due to refusal to undergo medical assessment amid ongoing criminal investigations.
In a significant development, the Calcutta High Court has denied the application of Abhishek Banerjee, who sought permission to travel abroad for medical treatment. The decision was rendered by Justice Saugata Bhattacharyya on August 5, 2026, in response to Banerjee's plea for a relaxation of the court-imposed travel restrictions.
Banerjee, embroiled in multiple criminal prosecutions, had requested the court's permission to leave the country for eye treatment, citing medical documents purportedly necessitating his travel. His legal team, led by Senior Advocate Rebecca M. John, argued that Banerjee's medical condition required immediate attention, which could only be provided abroad. They presented evidence from Johns Hopkins Medicine and referenced a previous Supreme Court order allowing similar travel.
However, the State, represented by Additional Advocate General Rajdeep Mazumder, opposed the application, highlighting Banerjee's involvement in 16 criminal cases, including the ongoing Bidhannagar Cyber Crime Police Station Case. The State contended that the medical documents did not indicate an emergency warranting foreign treatment.
Justice Bhattacharyya proposed an assessment by a medical board at IPGMER, Kolkata, to independently verify the necessity of the treatment abroad. The court emphasized the importance of continued investigation in the pending cases and the need for Banerjee's cooperation.
Despite the court's provision for a medical assessment, Banerjee's counsel informed the court of his unwillingness to undergo the evaluation. Consequently, the court dismissed the application, stating that without the medical board's opinion, it could not justify the relaxation of travel restrictions.
This decision underscores the judiciary's careful consideration of travel requests from accused individuals, especially amidst ongoing investigations. The court reiterated that while individuals have the right to choose their medical treatment, such rights must be balanced with judicial and investigative processes.
Bottom Line:
An accused seeking relaxation of conditions imposed by the Court to travel abroad for medical treatment must establish a medical emergency, and the Court may require assessment by a medical board to evaluate the necessity of such treatment abroad.
Statutory provision(s): Criminal Law.
Abhishek Banerjee v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2954628
