Kolkata, 3 June (H.S.) -The Calcutta High Court on Tuesday denied interim bail to 22-year-old law student and social media influencer Sharmishtha Panoli, who was arrested over allegedly controversial remarks made in a video linked to the ‘Operation Sindoor’ campaign. The court noted that freedom of speech does not extend to hurting the religious sentiments of others and stressed the need for caution while speaking in a diverse country like India.
The vacation bench of the High Court also directed that only the FIR lodged at Garden Reach police station will proceed further for investigation, while all other FIRs registered against Panoli will remain on hold until further orders. The state government has also been instructed not to register any new FIRs related to the same issue.
Justice Partha Sarathi Mukherjee, in his oral remarks, said, “In a country as diverse as ours, individuals must exercise extra caution while speaking on public platforms. Freedom of expression is a fundamental right, but it does not permit one to wound the religious or social sentiments of others.”
Representing Panoli, her counsel argued that the video in question was part of a heated social media exchange between Indian and Pakistani users during ‘Operation Sindoor’. The lawyer claimed that the FIR does not cite any specific cognizable offence and fails to clearly demonstrate how her statement offended religious sentiments.
The lawyer also informed the court that the video was originally posted on the night of May 7 and was deleted by May 8. Despite this, the complaint was filed on May 15, and an arrest warrant was issued on May 17.
Panoli was arrested from Gurugram and brought to Kolkata, where she has been remanded to judicial custody until June 13. According to her lawyer, four FIRs have been filed against her in different police stations across the state, but only one is currently being investigated.
Senior advocate Kalyan Banerjee, appearing on behalf of the state, argued that the complaint clearly indicates a cognizable offence and that the video and accompanying text were objectionable. He also informed the court that the magistrate had already rejected Panoli’s bail plea.
The High Court scheduled the next hearing for June 5, when the state is expected to submit the case diary for further consideration.
Hindusthan Samachar / Satya Prakash Singh
