Calcutta HC Denies Bail To Sharmishta Panoli Over Communal Remarks: 'We Have Freedom Of Speech, But...'

The Calcutta High Court on Tuesday declined to grant interim bail to Instagram content creator Sharmishta Panoli, who was arrested for allegedly making contentious remarks in now-deleted videos targeting a community in the aftermath of Operation Sindoor.

In its ruling, the court noted that the boundaries of free speech cannot be stretched to the extent that they cause offence to individuals or communities, according to Live Law.

Justice Partha Sarathi Chatterjee, who presided over the case, denied ad-interim bail and stated: "Look, we have freedom of speech, but that doesn't mean you will go on to hurt others. Our country is diverse, with people from different castes, creeds, and religions. We must be cautious by saying this. So, day after tomorrow. Heavens will not fall."

Referring to the video in question, he added: "This video was made on social media, it was heard, and this incident has led to a section of people's sentiments being hurt," as quoted by Live Law.

Panoli, a 22-year-old law student from Pune, was arrested by Kolkata Police in Gurugram last Friday for allegedly offending religious sentiments in connection with a video related to Operation Sindoor.

The Instagram video, which went viral, was reportedly derogatory towards Muslims, sparking widespread criticism.

Following the backlash, Panoli removed the contentious videos and issued an apology. Nevertheless, she was later arrested in Gurugram by officers from Kolkata.

On Saturday, she was presented before the Alipore Court in Kolkata, which remanded her to 14 days of judicial custody.

According to Kolkata Police, multiple attempts were made to serve legal notices to Panoli and her family. However, the efforts were unsuccessful as she and her family were reportedly absconding. An arrest warrant was subsequently issued by the court, based on which she was apprehended in Gurugram on Friday night.

What did Sharmishta Panoli's counsel say?

Panoli's lawyer argued that her arrest was unlawful, as the offences mentioned in the FIR were non-cognisable and no notice had been served prior to her arrest - a requirement under the BNSS.

Her lawyer, Md Samimuddin, also claimed that her health was deteriorating due to poor sanitation and a lack of medical attention at Alipore Women's Correctional Home.

"We are trying our best to get her out of jail before June 13. We will discuss the matter today. We will decide in one or two days about what to do. At Alipore Women's Correctional Home, proper hygiene is not being maintained around her, and she is unwell. She has kidney stones. She is not being given access to newspapers and magazines. Today, we have filed a petition in the court so that she gets access to her basic rights. Sharmishta is innocent. We are trying our best to get out on bail," Samimuddin said.