Case Law

Supreme Court: Abhishek Banerjee Allowed to Travel Abroad for Eye Treatment

India·Briefly Analysis⏱️ 3 min read

Summary

  • The Supreme Court permitted Trinamool Congress (TMC) Member of Parliament (MP) Abhishek Banerjee to travel abroad for eye treatment.
  • The order was passed by a Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana.
  • Banerjee has been allowed to travel abroad for a period of three weeks in September on his diplomatic passport.
  • He must furnish the itinerary of his visit, including details of doctors/hospital where he proposes to undergo treatment.

Supreme Court Allows Abhishek Banerjee to Travel Abroad for Eye Treatment

Every individual has a right to travel abroad. Every individual has a right to choose his medical treatment.

In a significant development, the Supreme Court has permitted Trinamool Congress (TMC) Member of Parliament (MP) Abhishek Banerjee to travel abroad for eye treatment. The order was passed by a Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, who allowed Banerjee's appeal against the Calcutta High Court's refusal to grant him permission to travel abroad.

The Supreme Court emphasized that every individual has a right to travel abroad and choose their medical treatment. This sentiment was reflected in the Bench's remarks, which highlighted the importance of personal freedom and autonomy in making medical decisions.

Legal Context: Calcutta High Court vs Supreme Court

The Supreme Court's decision is a reversal of the Calcutta High Court's order on August 5, which had dismissed Banerjee's petition to travel abroad for eye treatment. The TMC MP was forced to approach the Supreme Court after his appeal was rejected by the Calcutta High Court. This development underscores the complex interplay between different courts and their jurisdiction in matters of personal freedom and medical treatment.

The Supreme Court's order also highlights the importance of precedent-setting in Indian case law, particularly with regards to the right to travel abroad for medical treatment. Lawyers and compliance officers should take note of this development as it may impact their advice to clients with similar circumstances.

Why It Matters: A Precedent on the Right to Travel Abroad for Medical Treatment

The Supreme Court's decision has significant implications for individuals seeking medical treatment abroad. The order establishes a precedent that every individual has a right to travel abroad and choose their medical treatment, subject to certain conditions. This development may impact the advice given by lawyers and compliance officers to clients with similar circumstances.

Furthermore, the Supreme Court's emphasis on personal freedom and autonomy in making medical decisions highlights the importance of respecting individual choices and preferences. As the Bench noted, every individual has a right to travel abroad and choose their medical treatment, which underscores the need for a more nuanced approach to regulating travel restrictions.

Practical Implications

Lawyers and compliance officers should note this development as a precedent on the right to travel abroad for medical treatment, which may impact their advice to clients with similar circumstances.

Source

Source: Original reporting via Supreme Court permits TMC's Abhishek Banerjee to travel abroad for eye treatment

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