A three-member bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana remarked that “every individual has a right to travel abroad.
Every individual has a right to choose his medical treatment.” The bench allowed Banerjee to travel abroad for three weeks in September on his diplomatic passport. The direction was passed on Banerjee’s appeal against an order of the Calcutta High Court, which had refused him permission to travel abroad.
Banerjee has been directed to furnish the itinerary of his visit, including his place of residence in the foreign country, details of the doctors/hospital where he proposes to undergo treatment, the period of his stay and his flight details. The details furnished by the applicant shall be used by the agencies for their purposes and shall remain confidential, the bench added.
The Calcutta HC had turned down Banerjee’s petition on August 5. Aggrieved, he moved the SC. Opposing Banerjee’s plea, counsel for the Centre argued that there are 15 cases against Banerjee and that he is a flight risk. Countering the claim, Banerjee’s counsel contended that all the cases were lodged after May 4, when the Trinamool lost the West Bengal assembly elections and the BJP came to power.
“He was all-powerful. Nobody would have dared register a case before May 5,” the counsel for the Centre retorted.
