A single-judge bench of the Calcutta High Court on Wednesday, 5 August denied Trinamool Congress (TMC) general secretary and Diamond Harbour Lok Sabha member Abhishek Banerjee permission to travel abroad for ophthalmic treatment, dismissing his petition outright after he refused to comply with the court's earlier directive to first consult specialists at a state-run hospital in Kolkata.

What the Court Decided

Justice Sougata Bhattacharya, presiding over the matter, had previously on 20 July advised Banerjee to seek an opinion from experts at S.S.K.M. Medical College and Hospital, a state-run facility in Kolkata, before the court would consider granting travel permission. When Banerjee's counsel informed the bench that her client would not comply with this direction, Justice Bhattacharya not only refused the travel permission but also dismissed the entire case filed by the Diamond Harbour MP.

The Supreme Court Referral

Following the 20 July hearing, Banerjee had moved the Supreme Court seeking the same permission to travel abroad for eye treatment, bypassing the Calcutta High Court's directive. A three-judge division bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Venkita Subramani Mohan last week declined to grant the relief directly and instead referred the matter back to the Calcutta High Court, directing it to decide within seven days. Accordingly, Justice Bhattacharya scheduled the hearing for 11 am on Wednesday, and the ruling was delivered the same morning.

Arguments on Both Sides

Banerjee's counsel, advocate Rebecca Mammen John, argued before the court that her client had a genuine medical need for overseas treatment and pointed out that he had previously been permitted to travel abroad in connection with an Enforcement Directorate (ED)-registered case against him. However, West Bengal's Additional Advocate General Rajdeep Majumdar countered this argument, clarifying that Banerjee was not an accused in the ED case at the time that earlier permission was granted. Majumdar maintained that the situation had materially changed — Banerjee is now an accused in multiple ongoing cases — and that permitting foreign travel at this stage could adversely affect those investigations.

Why This Matters

The ruling adds a significant legal setback for Banerjee, who faces several active cases. The court's refusal, grounded in his non-compliance with a relatively straightforward procedural direction — a consultation at a government hospital — signals judicial impatience with what the bench appeared to view as an attempt to circumvent the process. This comes amid heightened scrutiny of TMC leaders in connection with ED and other agency probes. The dismissal of the petition, rather than a mere denial of travel permission, closes this particular legal avenue entirely, leaving Banerjee with limited immediate options.

What Happens Next

With the Calcutta High Court petition dismissed and the Supreme Court having already referred the matter back, Banerjee's legal team will need to chart a fresh course if he wishes to pursue foreign medical treatment through judicial channels. Whether the TMC leadership will contest the dismissal in a higher forum remains to be seen.