The Calcutta High Court on Tuesday (June 3) refused to grant interim bail to 22-year-old influencer and law student Sharmishta Panoli, who was arrested for allegedly making controversial statements in now-deleted videos against a community in the wake of Operation Sindoor.
The High Court also directed the West Bengal government to produce the case diary in connection with the arrest of a law student on June 5, when her interim bail prayer will be heard again.
What did the court say?
The vacation bench of Justice Partha Sarathi Mukherjee has ordered that only the case registered at the Garden Reach police station, which led to Panoli's arrest, will proceed with investigation. All other FIRs related to the matter will remain stayed until further notice.
The court also instructed the state government not to file any additional cases concerning Panoli’s alleged actions. Additionally, the state has been directed to present the case diary at the next hearing, scheduled for June 5.
Justice Mukherjee remarked that individuals must exercise caution while making public statements, especially in a culturally diverse country like India.
In denying interim relief to the law student, Justice Chatterjee posted the matter before the next vacation bench and observed: "This video was made in 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. So day after tomorrow. Heavens will not fall," Justice Chatterjee was quoted as saying by Live Law.
What did Panoli's lawyer say?
Petitioner Panoli's lawyer claimed that no offence is made out in the complaint filed against her for allegedly making some remarks on social media during the Operation Sindoor against Pakistan.
He claimed that there was a war of words on social media between users across India and Pakistan during Operation Sindoor, which was undertaken by India in response to the Pahalgam terror attack that claimed the lives of 26 men, most of whom were tourists.
It was stated that the complaint before the Garden Reach police station in Kolkata claimed that Panoli's comments on social media hurt the religious sentiments of the Muslim community and caused disharmony among people.
He prayed for quashing of the FIR against Panoli and sought grant of bail to her, claiming that no notice was served to her for appearing before the police for investigation into the complaint.
Panoli's lawyer, stating that the complaint does not specify what had been said in her social media comments, claimed that it does not disclose any cognisable offence.
He stated that the complaint was filed on May 15 and two days later, a warrant of arrest was obtained by the police.
He submitted before the court that Panoli's family had also complained to the police that she was under threat and that the alleged offensive post had been taken off from the social media on May 8 after having posted it on May 7 night.
Sharmishta Panoli in judicial custody till June 13
The law student was arrested by the Kolkata Police from Gurugram, and was remanded to judicial custody by a Kolkata court till June 13.
It was claimed by her lawyer that at least four FIRs were filed in different police stations in the state.
Appearing for the state, senior advocate Kalyan Banerjee submitted that the complaint contains cognisable offence and that the alleged post contained an offensive video apart from text.
He stated that Panoli's bail petition was rejected by the magistrate of the lower court and was remanded to judicial custody.
(With PTI inputs)
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