Kolkata: The Calcutta High Court on Tuesday rejected the interim bail plea of Sharmistha Panoli, a 22-year-old law student from Symbiosis Law School, Pune, accused of posting an offensive video on social media that allegedly hurt religious sentiments. Justice Partha Sarathi Chatterjee, presiding over the vacation bench, directed the Bengal government to submit the case diary at the next hearing on June 5, while emphasising the need for caution in public statements in a diverse country like India. During the hearing, Panoli’s counsel argued that her arrest was unlawful, citing that the offenses listed in the FIR were non-cognisable and that no prior notice was served, as required under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The state countered that a notice was issued but could not be served as Panoli and her family had allegedly relocated to Gurugram. The court also stayed proceedings in all FIRs outside Garden Reach and prohibited further cases against Panoli on the same issue.
Justice Chatterjee remarked: “This video was made on social media, it was heard…this incident has led to a section of peoples’ sentiment being hurt. Look, we have freedom of speech but that doesn’t mean you will go on to hurt others. Our country is diverse, with all persons from different caste, creed, religion, etc. We must be cautious by saying this…” Panoli, also a social media influencer, was arrested on May 30 in Gurugram by Kolkata Police following a complaint filed at Garden Reach Police Station on May 15. The FIR alleges that her Instagram video, posted on May 7 and deleted on May 8, allegedly contained derogatory remarks about Prophet Mohammed and targeted a religious community in the context of Operation Sindoor. Despite issuing an apology and deleting the video after receiving backlash, multiple FIRs were filed against her under sections of the Bharatiya Nyaya Sanhita for promoting enmity and inciting unrest. Panoli remains in judicial custody until June 13, with her bail plea deferred to the next hearing.