Calcutta HC to hear Abhishek Banerjee's overseas eye treatment plea today
Synopsis
Key Takeaways
The Calcutta High Court's single-judge bench of Justice Sougata Bhattacharya is scheduled to hear on Wednesday the petition filed by Abhishek Banerjee, All India Trinamool Congress (TMC) general secretary and Diamond Harbour Lok Sabha member, seeking permission to travel abroad for ophthalmic treatment. The hearing has been fixed for 11 am IST, following a directive from the Supreme Court to resolve the matter within seven days.
Background: Earlier Rejection and SSKM Referral
Last month, the same bench had rejected Banerjee's initial plea for overseas travel, instead directing him to first consult specialists at the state-run S.S.K.M. Medical College and Hospital in Kolkata. Justice Bhattacharya had made clear that any further decision would depend on the medical report from S.S.K.M. During the 20 July hearing, the court had also queried whether Banerjee had consulted any ophthalmology specialist before approaching the court.
Supreme Court Steps In, Refers Matter Back
Following the High Court's refusal, Banerjee approached the Supreme Court seeking the same permission. A three-judge division bench comprising Chief Justice of India Sanjiv Khanna, Justice Joymalya Bagchi, and Justice Venkita Subramani Mohan last week referred the matter back to the Calcutta High Court, directing it to take a decision within seven days. The apex court's referral effectively put the clock back on Justice Bhattacharya's bench to act swiftly.
Hate Speech Case and Interim Protection
The overseas travel plea is unfolding alongside a separate legal matter. On 20 July, Justice Bhattacharya extended until October the interim protection granted to Banerjee from coercive police action — including arrest — in a hate speech case. Banerjee had been accused of making violence-inciting statements and of threatening Union Home Minister Amit Shah at a campaign rally ahead of the recently concluded West Bengal Assembly polls. The court simultaneously directed Banerjee to cooperate with the police investigation and instructed the Criminal Investigation Department (CID) to conclude its probe at the earliest.
The Eye Injury: A 2016 Accident
The medical issue at the centre of this legal dispute dates to October 2016, when Banerjee was involved in a road accident while returning to Kolkata from a party programme in Murshidabad district. He sustained serious injuries to his eye in that accident. He has since sought treatment at multiple hospitals within India and has previously travelled abroad for further care.
What Happens Next
Wednesday's hearing will be closely watched, given the Supreme Court's seven-day deadline. The outcome will determine whether Banerjee receives judicial clearance for overseas ophthalmic treatment or faces further conditions — including a mandatory review at S.S.K.M. — before any travel permission is granted.