Vision Quest: Supreme Court Grants Abhishek Banerjee Permission for Foreign Eye Treatment

Overruling the Calcutta High Court’s earlier restrictions, the apex court emphasizes that personal medical choices fall within the fundamental right to privacy.

In a significant legal development regarding individual travel freedoms and medical choices, the Supreme Court of India permitted Trinamool Congress (TMC) general secretary and Lok Sabha MP Abhishek Banerjee to travel abroad for three weeks to undergo specialized eye treatment. Delivered on Monday, August 10, 2026, in New Delhi, the apex court’s ruling set aside a previous order by the Calcutta High Court which had declined to relax travel restrictions imposed upon the parliamentarian. Presided over by a three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana, the court underscored that seeking treatment for a personal health condition is an integral facet of personal liberty.

Legal Arguments and Court Observations

The Supreme Court hearings featured intense legal debates regarding ongoing criminal proceedings and travel apprehensions raised by state counsel. Appearing for the State of West Bengal, Additional Solicitor General S.V. Raju contended that multiple cases were pending against the MP and expressed apprehension that he might not return if permitted to leave the jurisdiction. State counsel further argued that the veracity of the medical certificates required independent local testing.

In response, senior advocates representing Abhishek Banerjee submitted that his medical requirements necessitate specialized consultation abroad, and offered to travel exclusively on a diplomatic passport issued for official outreach programs, ensuring continuous tracking by Indian embassies. Addressing the state's objections, Justice Bagchi remarked during proceedings that "every individual has a right to go abroad, every individual has a right to choose the medical care," noting that seeking treatment for illness falls securely within the ambit of the right to privacy.

Conditions of Travel and Judicial Safeguards

To balance the petitioner's medical requirements with ongoing legal proceedings, the bench formulated strict reporting parameters.

The conditions governing the three-week overseas trip include:

• Passport Restriction: Banerjee is required to travel strictly using his official diplomatic passport.

• Itinerary Disclosures: Comprehensive travel details, flight numbers, and local residential addresses in the destination country must be submitted to investigating authorities.

• Medical Facility Records: Specific information regarding the hospital or clinic where the eye surgery will take place must be furnished prior to departure.

• Confidentiality Mandate: The court directed investigating agencies to utilize the submitted itinerary solely for official verification while maintaining strict privacy regarding the traveler's personal documentation.
  
  Why It Matters

This ruling reinforces judicial boundaries concerning personal liberties, privacy rights, and the conditions under which travel restrictions can be balanced against pending investigations. By delineating the scope of personal medical autonomy, the judgment establishes a clear precedent for individuals navigating movement restrictions during legal proceedings.

Key Facts at a Glance

• Petitioner: Abhishek Banerjee, TMC MP and Lok Sabha member.

• Bench: Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana.

• Relief Granted: Permission to travel abroad for three weeks for eye treatment.

• Key Condition: Travel permitted exclusively on a diplomatic passport with full itinerary disclosures furnished to investigators.

FAQ Section

Why did Abhishek Banerjee approach the Supreme Court?

Banerjee challenged a Calcutta High Court order dated August 5, 2026, which had rejected his application for permission to travel abroad for specialized eye treatment.

What conditions did the Supreme Court attach to the foreign travel permission?

The apex court directed him to travel using his diplomatic passport, provide complete flight and itinerary details, specify the treating hospital abroad, and share residential addresses with investigating authorities.

How did the State of West Bengal respond to the travel plea?

State counsel opposed the petition, citing pending criminal proceedings and expressing apprehensions that the petitioner might not return, while requesting an independent medical verification.

Where can legal professionals access verified judgments of the Supreme Court?

Official daily orders, cause lists, and judgment copies are published directly through the Supreme Court of India Portal.

Source: Supreme Court of India, The Hindu, LiveLaw, Indian Express