The Calcutta High Court on Tuesday refused to grant interim bail to influencer and law student Sharmista Panoli, stating that the right to freedom of speech is not absolute and cannot be used to justify content that offends religious sentiments.
During the hearing, the court emphasized India's cultural and religious diversity, observing that Panoli’s remarks had hurt the feelings of a section of the population. The 22-year-old law student had posted a video on social media that was allegedly offensive and targeted individuals based on their religious identity in the context of Operation Sindoor. After facing widespread backlash, Panoli deleted the video and issued an apology.
"This video was posted on social media, and it was heard by many. This has resulted in sentiments being hurt. Yes, we have freedom of speech, but that doesn't mean one can go on to hurt others," the court observed. "Ours is a diverse country — with people of different caste, creed, and religion. We must be cautious with our words. So, day after tomorrow — heavens will not fall," the bench added, refusing her plea for interim bail.
Panoli, a student at Symbiosis Law School in Pune with a combined following of nearly 2 lakh on social media, was arrested from Gurugram on May 30. Her arrest triggered a major row online. Following her arrest, a Kolkata court remanded her to 14 days of judicial custody.
Also Read: Influencer held over 'communal post' on Op Sindoor, sent to JC
Panoli's legal counsel argued that the arrest was illegal, asserting that the offences listed in the FIR were non-cognisable and required a prior notice, which was not served. However, the police contended that a notice had been issued but could not be delivered as Panoli and her family had allegedly fled to Gurugram. This claim was reported by legal news platform Live Law.
The Calcutta High Court clarified that the primary FIR filed in Kolkata would be treated as the principal case. As such, all proceedings related to other FIRs filed elsewhere will be halted. The court also directed the West Bengal government to ensure that no new FIRs are registered against her on the same set of allegations.
Furthermore, the court instructed the investigating agency to continue its probe based on the principal case and scheduled the next hearing for June 5. By then, the state government is required to file an affidavit, and the police must submit the case diary for the court’s review.
Also Read: Man who filed case against Sharmistha Panoli reported missing
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