Abhishek Banerjee's US treatment plea dismissed by Calcutta HC after he refuses hospital evaluation
On August 5, 2026, the Calcutta High Court dismissed a plea by Trinamool Congress national general secretary and Diamond Harbour MP Abhishek Banerjee seeking permission to travel abroad for eye treatment. The court expressed displeasure over Mr. Banerjee's refusal to appear before SSKM Hospital in Kolkata for a medical evaluation, as suggested by the court, to determine whether overseas treatment was indispensable.
A Single Bench of Justice Saugata Bhattacharya held that the court, not being a medical expert, needed an independent medical opinion to decide whether the treatment abroad was medically necessary for the petitioner. The bench observed that there was no urgency to hear the plea, especially when multiple criminal cases are pending against Mr. Banerjee and proceedings are ongoing in several of them.
Senior Advocate Rebecca John, representing Mr. Banerjee, informed the court that her client wished to continue his specialised treatment under the supervision of the medical team at Johns Hopkins Hospital in the United States, whom he had been consulting for a long time. She argued that Mr. Banerjee had earlier been allowed to travel abroad for the same treatment during a proceeding by the Enforcement Directorate. She also noted that he had visited the USA 12 times between 2023 and 2025 and had returned on each occasion without missing any scheduled court or investigation dates.
However, the state government opposed the plea, contending that there was no medical emergency requiring treatment abroad. The state's submission was that the petitioner could receive adequate treatment in India. Upholding this view, the court maintained that necessary medical care was available in the country and therefore there was no reason for an urgent hearing of the petition.
According to officials, Mr. Banerjee had sought permission for a seven-day visit outside India for the treatment. The plea was moved in the context of his ongoing treatment with a medical team at Johns Hopkins Hospital. The court's decision comes after the Supreme Court had directed the High Court to dispose of the plea within a week, following the High Court's repeated refusal to expedite the hearing since June. The Supreme Court's direction came after Mr. Banerjee approached it challenging the High Court's delay in listing the matter. The apex court had intervened after the High Court declined to grant an urgent hearing on multiple occasions.
In its order, the High Court noted that around 15 criminal cases were pending against Mr. Banerjee, with proceedings continuing in several of them, which required the court to be satisfied that overseas travel was medically unavoidable. The bench also expressed its discontent that the petitioner did not cooperate with the court's suggestion to obtain an independent medical opinion from SSKM Hospital.
Justice Bhattacharya emphasised that the court's primary concern was to ensure that any relaxation in travel restrictions was justified, especially for a person facing multiple legal proceedings. The dismissal of the plea implies that Mr. Banerjee will have to continue his eye treatment in India unless he approaches a higher court again. His lawyer indicated that further legal options would be explored.
