Calcutta High Court dismisses Abhishek Banerjee’s plea to visit abroad for eye treatment

The court asked the TMC national general secretary to appear before the SSKM hospital to decide whether his abroad treatment is indispensable. But he refused.

The Calcutta High Court on Wednesday (August 5, 2026) dismissed Trinamool Congress’s national general secretary Abhishek Banerjee’s plea to visit abroad for eye treatment.

A Single Bench of Justice Saugata Bhattacharya delivered the verdict expressing discontent that Mr. Banerjee declined the Court’s advise to appear before the SSKM Hospital in Kolkata to determine whether the treatment can be done in the city. 

Justice Bhattacharyya held that the Court, not being a medical expert, required an independent medical opinion to decide whether this treatment in abroad is indispensable for the petitioner.

However, his lawyer, Senior Advocate Rebecca John, said that Mr. Banerjee wishes to continue his specialised treatment under the supervision of a medical team at Johns Hopkins Hospital in the U.S.

“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. Hence, present application is dismissed,” the court stated. 

After the High Court refused an expedited hearing of his appeal several times since June, Mr. Banerjee had recently taken up the matter with the Supreme Court that directed the High Court to dispose it of within a week. 

Mr. Banerjee suffered eye injuries in a car accident on the Durgapur Expressway in 2016. After initial treatment in Calcutta, he underwent treatment abroad and has since travelled overseas for follow-up consultations.

According to the officials, Mr. Banerjee had sought permission for a seven-day visit for the treatment. However, the court maintained that this treatment can be done in the country and therefore observed that there was no need for an urgent hearing of the petition considering a pile of legal cases against the Trinamool leader that are currently sub-judice.

The petition stems from a criminal case lodged against the Diamond Harbour MP by an individual, Rajib Sarkar, over alleged derogatory remarks made against Union Home Minister Amit Shah at an election rally.

‘Anticipatory bail’

He had moved the court for anticipatory bail in the case when the court, on May 22, directed him to co-operate with the investigating agency and not go abroad.

Appearing for the Diamond Harbour MP, Ms. John also argued that the criminal cases against him carried a maximum punishment of three years, with most being bailable offences.

However, the State opposed the plea, contending that there was no medical emergency requiring treatment abroad.

Following the argument, the court observed that there were around 15 criminal cases pending against Mr. Banerjee, with proceedings continuing in several of them, making it necessary for the court to satisfy itself that overseas travel was medically unavoidable.

“There is another aspect. If this treatment can be administered in India, there is no need to go abroad. I will direct Department of Ophthalmology in SSKM – a three-member committee can check Mr. Banerjee and give a report. Whether you are ready to appear before SSKM board or no? If treatment is very urgent, it can be administered in our country also. In medical science, it is not like we (India) are lagging behind. We are also making advancements in medical science. Supreme Court judges are getting treated here in our country,” Justice Bhattacharyya observed.