Falta re-election: Calcutta HC permits TMC leader Jahangir Khan to contest despite criminal cases, asks him to cooperate with probe

On Monday (18th May), the Calcutta High Court permitted TMC leader Jahangir Khan to contest the re-poll in West Bengal’s Falta assembly seat. The court ordered no coercive action against Khan until 24th May. The TMC leader has multiple FIRs registered against him.

The passage of the interim order came in the wake of the court noting a ‘prima facie’ change in the political scenario.

Notably, a re-election is scheduled in the Falta constituency on 21st May after allegations of widespread malpractices led to the cancellation of the election earlier.

TMC leader Jahangir Khan had approached the court to seek disclosure of all FIRs against him and secure protection from coercive action ahead of voting in Falta. Khan alleged that he was being targeted with multiple FIRs during the election time.

Deputy Solicitor General Dhiraj Trivedi submitted before Justice Saugata Bhattacharya that accusations of booth capturing and voter intimidation were levelled against Jahangir Khan’s party, TMC, which was in power in West Bengal until before the election results were announced on 4th May.

The court, however, asked if it is established that Khan was directly involved in voter intimidation and booth capturing. To this, DSG Trivedi responded, “It has to be assumed”.

Justice Bhattacharya said that while the court is allowing Khan to contest the election and directed the police not to take any coercive action till the conclusion of the election in Falta. “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 the election is concluded. After all, this is a democratic country. Let the democratic spirit be upheld. There is a change in the 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 observed.

As reported earlier, tensions erupted in Falta in the South 24 Parganas district of West Bengal on Saturday (2nd May) after locals staged protests alleging threats and intimidation by Trinamool Congress cadres ahead of the counting of votes on 4th May. 

A similar situation emerged in the Hasimnagar area under the Falta community development block, where locals narrated harassment by TMC workers. Locals said that the head of their gram panchayat is not elected but chosen by the TMC. They revealed that the TMC candidate from Falta, Jahangir Khan, came and threatened them, saying that after the TMC comes to power, they will be killed and their women will be raped.

“This has been happening since yesterday. TMC goons entered our village, harassed women and beat up people. The head of our gram panchayat is from TMC, and he was not voted to power; he was chosen by the party. Jahangir Khan came here and threatened us that if they come to power, they will rape our women and kill us. This is why people have been alert since yesterday. We organised a strike on Dum Dum Road, and it went on till last night. We were given time till 10 AM today. When no action was taken, we again came out to ask why that person had not been arrested till now. The police came and did a lathi charge, even on girls. People had to be hospitalised,” said a local woman.

On 16th May, the Falta Police arrested TMC leader Saidul Khan, vice-president of the Falta Panchayat Samiti and a close aide of TMC candidate Jahangir Khan. He faces allegations of threatening BJP leaders and activists.