Politics
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SC overturns HC denial of Banerjee travel
LiveLaw··10 Aug
On August 10, a Supreme Court bench allowed TMC MP Abhishek Banerjee three weeks of foreign travel in September for eye treatment, overturning Calcutta High Court's August 5 denial. Travel will be on a diplomatic passport with itinerary shared with the probe agency. The court affirmed the right to choose medical care abroad despite flight risk claims.
Prism
What It Means For You
- Defendants under investigation can note the Supreme Court's August 10 ruling that individuals retain the right to travel abroad for medical care.
- Followers of West Bengal politics can watch TMC MP Abhishek Banerjee's three week September trip after Calcutta High Court denied permission on August 5.
- Legal observers can compare conditions imposed, including sharing itinerary with probe agencies, against state claims of flight risk from 16 pending cases.
What's Happening
- On August 10, a Supreme Court bench of CJI Surya Kant and Justices Bagchi and Mohana allowed TMC MP Abhishek Banerjee three weeks of foreign travel in September for eye treatment.
- The court overturned Calcutta High Court's August 5 denial; travel will be on a diplomatic passport with itinerary shared with the probe agency.
- The restriction was linked to an election speech case with a stay of arrest; the state cited 16 cases and flight risk, but the court said every individual has the right to go abroad and choose medical care.
Medical Travel Versus Probe Flight Risk Claims
- High Courts and the Supreme Court have repeatedly balanced bail conditions against personal health needs in politically sensitive cases.
- Diplomatic passport use and itinerary disclosure are common safeguards when courts permit overseas travel during probes.
- Election speech cases with arrest stays often become the anchor for broader travel restrictions challenged on medical grounds.
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