Calcutta High Court Permits TMC's Jahangir Khan To Contest Falta Re-Poll, Directs 'No Coercive Action' On Pending FIRs Till May 26

The Calcutta High Court on Monday (May 18) directed that no-coercive steps will be taken against Trinamool Congress leader Jahangir Khan–who is contesting in the Falta assembly re-poll–in pending FIRs registered against him until May 26. 

The court passed the interim order after "prima facie" noting that there had been a change in political scenario. 

For context, a fresh election for Falta constituency is scheduled for May 21 with counting of votes to take place on May 24. The poll was earlier cancelled on April 29 over allegations of widespread malpractices. Notably, the BJP came to power for the first time in West Bengal in the recently concluded assembly polls, wherein Suvendu Adhikari was sworn in as Chief Minister. 

The court was hearing a plea moved by Jahangir Khan, contesting candidate from the Falta Assembly constituency seeking disclosure of all FIRs registered against him and protection from coercive action ahead of the re-poll scheduled on May 21. The court had agreed to hear the matter today after former Advocate General and senior advocate Kishore Datta mentioned the matter in the morning, submitting that Khan who is contesting the re-poll, was being targeted with multiple criminal cases during the election period.

During the hearing Deputy Solicitor General Dhiraj Trivedi submitted before Justice Saugata Bhattacharya that the allegations over booth capturing and voter intimidating were made against the then ruling party of which Khan is the candidate with respect to the Falta constituency.

The court however orally asked if it can be concluded that the petitioner had done the alleged acts. To this DSG Trivedi said, "it has to be assumed".

However at this stage the court said, "If we direct him to cooperate then allow him to contest the election...given that he contested the voided election from Falta, and the ECI decided to do a re poll, in that event allow him to contest again. That doesn't mean all proceedings will be halted. Subject to cooperation (by Khan), no steps to be taken till election is concluded".

The court further orally said that it was not saying that the petitioner has not done anything as that is subject to investigation. It said that it will direct the petitioner to cooperate and if he fulfils, no steps must be taken against him till date of result of the by-election.

"After all this is a democratic country. Let the democratic spirit be upheld. There is a change of political scenario after the result on 4th (May). And it appears that there were many cases lodged against him on 4th and 10th may. Without entering the proceedings, we will permit you to investigate and direct him to cooperate," the court orally said.

The Court said that it will pass orders because it appears to be a sensitive constituency. Meanwhile Khan's counsel, senior advocate Kishore Datta said that State was saying that these are sensitive cases however, electoral offences don't qualify as sensitive. 

Meanwhile DSG Trivedi said that "no coercive order" may only be passed on cases which are already pending. To this the court said that it will restrict the order to the pending proceedings. The DSG also submitted that Khan had not prayed for quashing any FIR. 

"This is only since he contested the election and it went to re poll...till...the results are declared don't take any coercive steps on the pending proceedings," the court orally said. 

Datta urged that the State may disclose the pending FIRs against Khan before the court. To which the court said, that it will direct the respondents to disclose the pending proceedings. Meanwhile the DSG  said that there were five cases in total against Khan. At this stage the court said, "So there are no other? No disclosure is needed anymore". 

The court in its order thus directed:

"Today we are considering the balance of convenience and possibility to permit the petitioner to contest the re poll, being candidate of a particular party. In order to keep the spirit of democracy alive, the petitioner needs to be allowed to contest the re-poll. At the same time, this has to be balanced with continuance of investigation in connection with criminal cases against him. However it is striking that after the result was declared on 4th may, criminal cases were initiated from 5th May. As it prima facie appears that there was a change of political scenario.

Keeping this in mind, no coercive steps shall be taken against the petitioner in connection with pending criminal cases initiated against him till 26th May 2026. However, petitioner is required to cooperate with the investigation. In the event he does not cooperate, leave is granted to the state to bring it to the notice of the court.Petitioner shall follow the ECI guidelines and shall not intimidate and obstruct voters. He shall also be allowed to continue campaigning if there is time left...Copies of FIRs in pending case be disclosed within 7 days". 

When the matter was taken up in the afternoon, the court asked the Deputy Solicitor General Dhiraj Trivedi to disclose how many proceedings are pending against the petitioner. Earlier in the day the court had permitted the DSG to get instructions and had passed over the matter. 

Meanwhile senior advocate Kishore Datta appearing for Khan said, that all the other cases except those against Khan were present on the website of the concerned police station. 

The court thereafter said to the DSG, "disclose it to the petitioner. Uploading is not needed". Trivedi said that the disclosure can be made tomorrow. 

To this Datta submitted, "Why not now? There is a bar in case of sensitive offences but here there is something more..."

Datta said that there was an FIR lodged for an incident which happened in 2017. He said that the FIR was lodged 9 years after the incident, and immediately after declaration of the recently concluded West Bengal legislative assembly results. 

He said that one day multiple cases were lodged against Jahangir Khan. 

He further said, "they (Police) are saying it's a sensitive offence. Please take para 20. I couldn't get certified copies. Your lordship can consider whether these are sensitive or not. After 4th may, everything had changed. I cannot go there as a candidate. A series of cases has been lodged in a few days.

The court thereafter asked petitioner if he had obtained protection in the cases. To this Datta said that protection had been obtained in the 2017 case, however from May 5 to May 15, four cases have been filed against Khan.

The court thereafter said to Datta, "Since the election is scheduled on 21st (May), if you (Khan) cooperate with the investigation then let there be no coercive steps till 22nd". 

The DSG opposed and submitted to the court to take note of why the re-election for Falta constituency was happening on May 21. 

The court however said to the DSG, "If he is arrested before 21st, what will be the fate of the election? Are you suggesting that he should contest from behind bars?"

To this DSG Trivedi said that people have contested from jail. Meanwhile Datta said that the State should not identify themselves with Election Commission of India. 

"Why is the State taking refuge for ECI? They can conduct election and enforce rules," Datta added. 

However DSG Trivedi emphasized, "See why the poll was postponed. It is reported that black tape was affixed on the ballot buttons of a particular party (BJP) on several booths in the area. Booth capturing and voter intimidation". 

The court after hearing the parties passed the order directing no coercive steps against Khan till May 26. 

The court permitted Khan to approach the vacation bench and listed the matter on May 26. 

Case: JAHANGIR KHAN VS STATE OF WEST BENGAL AND ORS

Case No: WPA/11445/2026