Sharmistha Panoli row: Calcutta HC denies interim bail; says ‘freedom of speech does not mean you will hurt people’

Sharmistha Panoli row: The Calcutta High Court on Tuesday refused to grant interim bail to Instagram influencer Sharmistha Panoli, observing that freedom of speech does not mean a person can 'go on to hurt others’.

The Instagram influencer, who is also a law student, found herself at the centre of controversy for allegedly making controversial statements in now-deleted videos against a community in the wake of Operation Sindoor. She was arrested by the Kolkata Police last week after an FIR was filed against her.

Justice Partha Sarathi Chatterjee, who presided over the matter, while denying ad-interim bail, said, “Look, we have freedom of speech, but that doesn't mean you will go on to hurt others,” reported Live Law.

The judge further noted: “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.”

Sharmistha Panoli viral video

Panoli was arrested for allegedly making controversial remarks criticising Bollywood celebrities for their 'silence' on “Operation Sindoor”. Her now-deleted video had “derogatory and disrespectful” comments aimed at a particular religious community, police said.

After the video went viral, #ArrestSharmishta also started trending on X. Social media users flooded the comments section of Sharmistha's Instagram post, prompting her to delete the video and issue a public apology.

Following her arrest, Panoli was produced before the Alipore Court in Kolkata on Saturday, which remanded her in judicial custody for 14 days.

What did Sharmishta Panoli's counsel argue?

During the case hearing, Sharmistha Panoli’s lawyer argued that her arrest was unlawful because the charges mentioned in the FIR were non-cognisable, and she wasn't given any prior notice, which would have been mandatory under the new BNSS laws.

Earlier, her lawyer, Md Samimuddin, also said that Panoli's health was getting worse due to poor hygiene and lack of medical care at the Alipore Women's Correctional Home.

Charges against Sharmistha Panoli

As per police sources, the FIR against Panoli was lodged under sections 196(1) (a) promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, or community, 299 (deliberate and malicious acts intended to outrage the religious feelings of any class of citizens), 352 ( intentional insult with the intent to provoke a breach of peace), 353(1)(c) (statements that incite public mischief) of the BNSS, reported HT.