SC permits Abhishek to travel abroad for surgery
New Delhi, Aug. 11 -- The Supreme Court on Monday asserted that every individual has a right to travel abroad and choose the medical treatment of their choice, as it pulled up the West Bengal government for opposing Trinamool Congress (TMC) lawmaker Abhishek Banerjee's request to travel overseas for an eye surgery.
A bench of Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana said it saw "no serious impediment" to Banerjee travelling abroad for three weeks for the treatment and allowed him to do so, subject to conditions aimed at ensuring his availability to the investigating agency.
"Every individual has a right to go abroad. Every individual has a right to choose the medical treatment of their choice," said the bench.
The Calcutta high court had earlier imposed a condition restraining him from travelling abroad without its permission while extending his interim protection from coercive action in the case.
The court also emphasised Banerjee's right to privacy in relation to his medical condition. "It is also a right to privacy to not bring your health records in public domain," it observed.
The state had opposed the plea, with additional solicitor general SV Raju submitting that there were at least 15 cases against Banerjee and arguing that his propensity to not return to India was now greater because criminal cases were pending against him.
The bench, however, questioned the nature of the allegations in the case in which the restriction on foreign travel had been imposed. "We are on to the nature of allegations. This is about a lecture given by him.there is no injunction against him in any other case," it observed. The court also pointed out that Banerjee had previously been permitted to travel abroad in matters involving more serious allegations....
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