Free speech doesnt imply hurting others’: Calcutta HC denies Sharmishta Panoli bail

Jun 03, 2025 02:29 PM IST

Sharmishta Panoli was arrested for allegedly making controversial non secular statements in opposition to a group within the wake of Operation Sindoor.

The Calcutta excessive court docket on Tuesday refused to grant interim bail to Instagram content material creator Sharmishta Panoli, who was arrested for allegedly making controversial statements in now-deleted movies in opposition to a group within the wake of Operation Sindoor.

Social media influencer Sharmishta Panoli, who was arrested by the Kolkata Police for making alleged communal feedback in a video, being produced at a court docket, in Kokata, Saturday.(PTI)

In its order, the court docket noticed that the bounds of free speech can not prolong to a degree the place it hurts an individual’s or a group’s sentiments, in accordance with Live Law.

Justice Partha Sarathi Chatterjee, who presiding over the matter, whereas denying ad-interim bail, mentioned,” 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.”

“This video was made on social media, it was heard, and this incident has led to a section of people’s sentiments being hurt,” he was quoted as saying by Live Law.

Also Read | Man who accused Sharmishta Panoli goes ‘missing’ after a number of circumstances in opposition to him: Report

A 22-year-old regulation pupil from Pune, Sharmishta Panoli, was arrested by Kolkata Police in Gurugram on Friday for allegedly hurting non secular sentiments with a video on Operation Sindoor. 

The Instagram clip, which went viral on social media, was reportedly derogatory in the direction of a selected faith and led to widespread condemnation.

Following the backlash, Panoli deleted the controversial movies and apologised for her remarks. However, she was arrested from Gurugram by Kolkata police later. 

Also Read | Why was Sharmistha Panoli arrested? Kolkata Police’s clarification amid row

On Saturday, Panoli was produced earlier than the Alipore Court in Kolkata, which remanded her in judicial custody for 14 days.

According to the Kolkata Police, a number of makes an attempt had been made to serve authorized notices to Panoli and her household, however the makes an attempt had been unsuccessful as a result of Panoli and her household absconded. Subsequently, an arrest warrant was issued by the court docket, primarily based on which she was arrested from Gurugram on Friday evening.

What did Sharmishta Panoli’s counsel say?

Panoli’s counsel argued that her arrest was unlawful for the reason that offences disclosed within the FIR had been non-cognisable and that she had not been served any discover earlier than arrest, which might have been necessary underneath the BNSS.

Earlier, her lawyer, Md Samimuddin, mentioned that her well being was deteriorating as a consequence of poor hygiene and lack of medical care at Alipore Women’s Correctional Home.

Also Read | NHRC points discover to West Bengal DGP to make sure Sharmistha Panoli’s security

“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 mentioned.

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