The Supreme Court on Monday permitted Diamond Harbour MP Abhishek Banerjee to travel abroad for three weeks for eye treatment, setting aside the West Bengal government's view that he may not return to India due to 16 pending cases against him.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana observed that every individual has a right to choose medical treatment and asked Banerjee to share his itinerary of the visit, including the place of stay, with the probe agency.
It was hearing the Diamond Harbour MP's plea challenging the Calcutta High Court's August 5 order denying him permission to travel abroad for the treatment.
Additional Solicitor General S V Raju, appearing for the West Bengal government, told the bench that there were 16 cases against Banerjee.
"We apprehend that he may not come back," he said.
The bench observed, "Every individual has a right to go abroad. Every individual has a right to choose his medical treatment".
Senior advocate Gopal Sankaranarayanan, appearing for Banerjee, opposed Raju's submissions and said the TMC leader was an MP and his family is in India.
He said most of these cases were registered against Banerjee after the change of government in West Bengal.
The law officer said they don't have any objection to Banerjee getting medical treatment abroad, but it has to be ascertained after medical assessment whether he will need to go abroad or not.
He said if Banerjee was not willing to undergo medical assessment, then adverse inference must be drawn against him.
The bench observed that seeking treatment for illness or condition sometimes is a part of the right to privacy.
After hearing the submissions, the apex court allowed Banerjee's appeal and permitted him to go abroad for three weeks.
The high court had on August 5 dismissed Banerjee's plea seeking permission to travel abroad, noting that he was unwilling to appear before the medical board at the state-run SSKM Hospital the next day for an assessment of his medical condition.
The high court noted that had Banerjee appeared before the medical board, based on the opinion furnished by the medical experts, the issue could have been examined by the court in order to find out whether he needed to go abroad for treatment or not.
On August 3, the apex court had asked the high court to take up within a week Banerjee's plea seeking permission to travel abroad for eye treatment.
The top court was then told by Banerjee's counsel that the plea sought modification of the high court order to allow the MP to travel for medical treatment.
The high court had earlier extended till October 6 Banerjee's interim protection from coercive action in a case related to alleged comments against leaders and workers of a rival party at a public meeting on April 27 in the run-up to the second phase of the West Bengal assembly polls.
Granting relief, the high court had directed Banerjee to cooperate with the probe and not travel abroad without the court's permission as previously ordered.
The high court had extended the interim protection to Banerjee till October 6, or until further orders, whichever is earlier and said the TMC leader's plea for modification of conditions for granting him interim protection would be heard in August, but did not fix any date.
Maintaining that the court was not inclined to allow the petitioner to travel abroad while the investigation was underway, the high court had earlier said there were several reputed eye clinics in Kolkata.
The TMC leader had prayed for quashing the FIR against him.
With inputs from PTI