The Calcutta High Court on Tuesday refused to grant ad-interim bail to law student Sharmistha Panoli, who was arrested for allegedly making a communal and offensive video on social media in connection with Operation Sindoor. Panoli, who is currently in judicial custody for 14 days, had also challenged the remand order issued by the trial court.
Justice Partha Sarathi Chatterjee, while denying interim relief, posted the matter before the next vacation bench, Live Law reported. Justice Chatterjee observed, “This video was made on social media… it has led to a section of people’s sentiments being hurt. We have freedom of speech, but that doesn’t mean you will go on to hurt others… Our country is diverse… We must be cautious.” The judge emphasised that hearing the matter after two days would not cause irreparable harm, saying, “Heavens will not fall.”
The High Court directed the West Bengal government to produce the case diary in connection with Panoli’s arrest on June 5, when her interim bail application will be reconsidered. The Garden Reach police station case, the primary FIR against her, will proceed, while the court ordered a temporary stay on proceedings in other FIRs registered in the state regarding the same matter.
According to her counsel, the FIR filed against Panoli does not make out any cognisable offence, nor does it specify the nature of her alleged remarks. The lawyer claimed Panoli’s video was posted during an intense online exchange between Indian and Pakistani users following the Pahalgam terror attack, which killed 26 people. He further argued that no notice was served to Panoli before her arrest and that the video was deleted from her account.
The law student was arrested by Kolkata Police from Gurugram and remanded to judicial custody till June 13. Her lawyer also noted that her family had filed a complaint stating she had received threats following the post.
Senior advocate Kalyan Banerjee, appearing for the state, argued that the complaint indeed discloses a cognisable offence and that the post contained both offensive video and text, justifying her arrest and remand.
Further hearings are scheduled for June 5, when the court will take up Panoli’s bail plea again.