Calcutta HC vacates arrest protection for TMC's Jahangir Khan in Falta case
Synopsis
The Calcutta High Court has lifted arrest protection for TMC's Jahangir Khan — a candidate who won just 7,783 votes and forfeited his deposit in the Falta repoll — leaving him exposed to seven FIRs over alleged voter intimidation. The court ruled that protection tied to his candidacy had no basis once the election was over, and that presuming political vendetta was not sufficient grounds to extend it.
Key Takeaways
The Calcutta High Court vacation bench, led by Justice Partha Sarathi Sen , vacated interim arrest protection for Jahangir Khan on 27 May .
Khan faces seven FIRs at Falta police station over alleged voters' intimidation ahead of and on the original polling day, 29 April .
The court held that protection granted on 18 May was specific to Khan's candidacy and lapsed once the repoll concluded.
BJP candidate Debangshu Panda won the Falta repoll on 24 May by a margin of over 1,00,000 votes ; Khan finished fourth with 7,783 votes and forfeited his deposit.
Khan had made a symbolic withdrawal ahead of the repoll, but his name remained on the EVM.
A single-judge vacation bench of the Calcutta High Court on Tuesday, 27 May withdrew the interim protection against arrest granted to Jahangir Khan, the All India Trinamool Congress (TMC) candidate from Falta Assembly constituency, effectively exposing him to potential coercive police action in connection with seven FIRs registered against him at Falta police station.
Background: How the Protection Was Granted
Khan had approached the Calcutta High Court on 18 May with an anticipatory bail plea, apprehending arrest ahead of the Falta repoll scheduled for 21 May. The FIRs against him relate to alleged voters' intimidation before and on the original polling day in Falta on 29 April.
Justice Saugata Bhattacharya of the regular single-judge bench granted Khan interim protection from coercive police action, including arrest, until 24 May — the day results for the Falta repoll were to be declared.
Why the Court Withdrew Protection
Justice Partha Sarathi Sen, presiding over the vacation bench, observed that the interim protection granted on 18 May was specifically tied to Khan's status as a candidate for the repoll. With the election concluded and results declared, that rationale no longer held.
The court further noted that since Khan had not filed any petition seeking the quashing of the seven FIRs, there was no legal basis to extend the protection. Crucially, Justice Sen observed that continuing the interim protection merely on the presumption of political vendetta — owing to the change in political regime in West Bengal — would be unjust.
Khan's Symbolic Withdrawal and Dismal Poll Performance
Ahead of the repoll, Khan had, at a press conference, announced his withdrawal from the contest, expressing solidarity with new Chief Minister Suvendu Adhikari's special development package for Falta. However, the withdrawal was only symbolic — his name continued to appear on the Electronic Voting Machine (EVM) on polling day.
When results were declared on 24 May, the Bharatiya Janata Party (BJP) candidate Debangshu Panda won by a landslide margin of over 1,00,000 votes. The Communist Party of India (Marxist) candidate Sambhunath Kurmi finished second, while Khan placed fourth with just 7,783 votes, forfeiting his deposit.
What Happens Next
With the court's protection now vacated, Khan faces the prospect of arrest in connection with the pending FIRs. His legal options include approaching the court afresh to seek quashing of the FIRs or filing for regular anticipatory bail before an appropriate bench. The case underscores the fraught post-poll legal landscape in West Bengal following the 2026 state assembly elections.
Point of View
A symbolic withdrawal that changed nothing on the EVM, and a fourth-place finish with a forfeited deposit paint a picture of a candidate whose political relevance in Falta has collapsed. The court's explicit rejection of the 'political vendetta' argument is significant — it signals that West Bengal's post-poll legal battles will need more than a change-of-regime narrative to sustain judicial cover. For TMC, this is a reminder that the courts are unlikely to serve as a buffer against accountability in constituencies where the party has lost decisively.
NationPress
11 Jul 2026
Frequently Asked Questions
Why did the Calcutta High Court vacate Jahangir Khan's arrest protection?
The court ruled that the interim protection granted on 18 May was specifically tied to Khan's status as a candidate in the Falta repoll. Since the repoll was concluded and results declared on 24 May, and since Khan had not filed any petition to quash the seven FIRs against him, the court found no legal basis to continue the protection.
What are the FIRs against Jahangir Khan about?
Seven FIRs were registered against Khan at Falta police station in connection with alleged voters' intimidation before and on the original polling day in Falta on 29 April. These cases prompted his anticipatory bail plea before the Calcutta High Court on 18 May.
What was the outcome of the Falta Assembly repoll?
The BJP candidate Debangshu Panda won the Falta repoll declared on 24 May by a margin of over 1,00,000 votes. CPI(M) candidate Sambhunath Kurmi finished second, while Jahangir Khan placed fourth with just 7,783 votes, forfeiting his deposit.
What legal options does Jahangir Khan have now?
Khan can approach the Calcutta High Court or a sessions court afresh — either to file a petition seeking quashing of the seven FIRs or to apply for regular anticipatory bail. Without such relief, he faces the risk of arrest by Falta police.
What did Justice Partha Sarathi Sen say about political vendetta claims?
Justice Sen observed that continuing the interim protection solely on the assumption of political vendetta — arising from the change in political regime in West Bengal — would be unjust. The court declined to treat that presumption as a sufficient ground for extending protection.
