West Bengal elections: Calcutta HC orders no police action against TMC's Jahangir Khan till Falta re-poll results

The Calcutta High Court on Monday granted relief to All India Trinamool Congress (TMC) candidate Jahangir Khan who has been accused in several criminal cases even as he is set to contest the 2026 West Bengal Assembly Elections repoll in Falta constituency.

Justice Saugata Bhattacharyya noted that most of the cases against Khan were lodged after the Bharatiya Janata Party (BJP) came to power in the State.

"One thing is striking that after the result was declared on May 4, criminal proceedings were initiated from 5th May onwards against the petitioner prima facie as it appears to be due to change of political scenario. In the aforesaid conspectus, no coercive steps shall be taken against the petitioner in connection with pending criminal cases initiated against him, till 25th May 2026," the Court directed.

The Court ordered State and police authorities to refrain from taking any coercive steps against Khan until May 25 in the cases that are currently pending against him.

It also directed Khan to cooperate with the investigation and abide by all ECI guidelines.

The Court said that this order would be in the best interest of all parties and keeping the spirit of democracy alive.

"Today, we are considering the balance of convenience and exploring the possibility of permitting the petitioner (Khan) to contest the re-poll, being a candidate of a particular political party. There is no denial of the fact that the petitioner contested the election on April 29, which had to be cancelled. In order to keep the spirit of democratic rights alive, the petitioner needs to be permitted to contest the re-poll, but at the same time the court is required to strike a balance between the right of the petitioner to contest the election and the continuation of criminal proceedings pending against the petitioner," the Court said in its order.

The 2026 assembly election in Falta constituency was originally conducted on April 29. However, after reports of malpractice in several polling booths, the Election Commission of India passed an order on May 2 declaring the election from the constituency null and void. The ECI announced that a repoll would be conducted in Falta on May 21 and results of the repoll would be announced on May 24.

Jahangir Khan moved the High Court after multiple first information reports (FIRs) were registered against him by the police after the BJP came to power in the State.

Khan contended that he was being implicated in these cases after the declaration of results due to the change in political regime. Former West Bengal Advocate General and Senior Advocate Kishore Datta, who appeared for Khan before the High Court, submitted that he apprehends that the police may arrest him before the re-election. He also submitted that he has not been provided with the details of the FIRs which prevents him from moving the appropriate court for anticipatory bail.

He, therefore, requested the Court to pass orders directing the State and Police authorities to disclose the details of the FIRs to enable him to contest the election repoll on May 21. He also sought orders protecting him from coercive action in the cases that have already been registered against him

The Deputy Solicitor General of India, who appeared for the State respondents, opposed Khan's petition. The DSG alleged that Khan was the mastermind behind the malpractice that led to the cancellation of the initial election. He also submitted that there have been cases where candidates have contested from behind bars.

However, the Court stated that it would be in the interest of all parties to allow Khan to contest the repolls while enjoying protection from coercive steps and co-operating with the investigation.

It, therefore, ordered the authorities to disclose the details of all the pending criminal proceedings and directed that no coercive steps be taken against Khan in those proceedings until May 25, the day after the results of the repoll are scheduled to be announced.

However, it granted liberty to the State to approach the Court if Khan does not cooperate with the investigation or attempts to influence or intimidate voters.

"The petitioner is required to cooperate with the investigating agency. In the event he does not cooperate which impedes the right of the investigating agency to take the criminal proceedings forward, leave is granted to the concerned State respondents to bring it to the notice of this Court. The petitioner shall follow the ECI guidelines and shall not intimidate and obstruct voters and other stakeholders. At the same time, the petitioner shall also be permitted to campaign if there is time left to conduct the same", the Court's order stated.

Khan's petition will be listed again on May 26 before a vacation bench of the Court.

[Read Live Coverage]