The Calcutta High Court on Tuesday refused to grant interim bail to influencer and law student Sharmista Panoli, emphasizing that freedom of speech is not absolute and does not permit hurting religious sentiments.
The court highlighted India’s diverse social fabric and noted that Panoli’s remarks had offended a section of the population. The 22-year-old, a student at Symbiosis Law School in Pune with nearly 2 lakh social media followers, had posted an allegedly offensive video targeting people based on their religious identity in connection with Operation Sindoor. After facing widespread backlash, she apologized and deleted the video.
The High Court stated, “This video was made on social media, it was heard, this incident has led to a section of people’s sentiments 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 was arrested in Gurugram on May 30 amid a massive controversy and was subsequently sent to 14 days judicial custody by a Kolkata court. Her counsel argued that the arrest was illegal, citing that the FIR offences were non-cognisable and no prior notice was served. The police, however, stated that a notice had been issued but could not be delivered as Panoli and her family had allegedly relocated to Gurgaon.
The High Court denied her bail, designating the primary case registered in Kolkata as the principal case since it was filed first. It ordered discontinuation of all other cases filed against her on the same allegations. West Bengal was directed to ensure no further FIRs are lodged against Panoli on this matter, while the investigating agency will continue probing the principal case.
The court scheduled the next hearing for June 5, when the state must file an affidavit and the police are expected to present the case diary.
