Supreme Court allows Abhishek Banerjee to travel abroad for eye treatment

The Supreme Court on Monday (August 10, 2026) permitted Trinamool Congress MP Abhishek Banerjee to travel abroad for three weeks for eye treatment while noting that every individual has a right to travel abroad and choose the medical assistance he wants to receive.

A three-judge Bench headed by Chief Justice of India Surya Kant was hearing a petition filed by Mr. Banerjee against a Calcutta High Court order refusing a restriction imposed on him to travel abroad. The travel restriction was imposed on him in a case concerning an alleged provocative remark made during the 2026 State Assembly election campaign while staying his arrest.

Additional Solicitor General S.V. Raju, for the State of West Bengal, said Mr. Banerjee had 16 criminal cases arraigned against him, and there was a probability he may flee. The law officer said there were enough medical facilities for him in India and he need not go abroad.

“That is his choice. Every individual has a right to go abroad. Every individual has the right to choose the medical assistance he should get,” Justice Joymalya Bagchi, on the Bench, remarked.

Senior advocate Gopal Sankaranarayanan, for Mr. Banerjee, submitted that his client had a diplomatic passport issued during the ‘Operation Sindoor’ outreach. The government could easily trace his movements from the passport, the senior counsel said in an effort to allay fears that the TMC MP would abscond.

Mr. Raju said the State wanted to test the veracity of his claims for medical attention, and the need to go abroad for treatment.

“We want to test what has been stated, whether he actually requires consultation or not,” Mr. Raju said.

Justice Bagchi responded, “Let him go. Let him get himself checked. In the meantime, you start another criminal case against him if you find the documents [medical records, etc.] are forged”.

“I think the State is weighed with much more investigative jobs. You have said this individual is alleged to be involved in grave allegations, but you have not taken any steps against him. Please do not make this situation worse,” Justice Bagchi addressed the State

The Court directed Mr. Banerjee to share details of his flight, itinerary, place of residence and hospital abroad.