“Freedom of Speech Doesn’t Mean You Will Hurt Others…”: Calcutta HC Denies Interim Relief to Sharmistha Panoli

The Calcutta High Court on Tuesday refused to grant ad-interim bail to law student Sharmistha Panoli, who was arrested for allegedly posting blasphemous content on social media, passing derogatory comments against Prophet Muhammad, in the wake of Operation Sindoor. She was detained by Kolkata Police in Gurugram and brought before a magistrate, who granted a three-day police remand. Following this, she was transferred to Kolkata, where a trial court remanded her to 14 days in judicial custody. Her initial bail plea was also dismissed by the trial court.

Justice Partha Sarathi Chatterjee, while refusing interim relief, remarked on the importance of exercising caution in a diverse society. “This video was made on social media, it was heard, this incident has led to a section of people’s sentiment being hurt,” he said. “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.”

The court further instructed the Kolkata Police to treat the Garden Reach FIR as the principal case and stayed proceedings in other similar FIRs filed. The state has been directed to produce a case diary at the next hearing, scheduled for 5 June. Until then, Sharmistha Panoli will remain in judicial custody.

In her appeal before the High Court, Sharmistha Panoli contested not only the rejection of her bail application but also the legality of the remand order issued by the trial court. Her counsel argued that the offences cited in the FIR were non-cognisable, rendering her arrest unlawful without prior judicial authorisation. It was also contended that no notice was served to her in advance, a requirement under the Bharatiya Nagarik Suraksha Sanhita (BNSS). In response, the state maintained that a notice had been issued, but could not be delivered as Panoli and her family had allegedly "fled" to Gurugram. The prosecution further asserted that all procedural safeguards were observed before and after the arrest.

Sharmistha Panoli, a student at Symbiosis Law School, shared a video on social media platforms Instagram and X, which allegedly contained offensive comments about Prophet Mohammad. The post sparked significant public outrage, prompting her to delete the video and issue an apology on X. Nevertheless, a First Information Report (FIR) was lodged against her on 15 May 2025, followed by the issuance of arrest warrants on 17 May. She was subsequently apprehended by Kolkata Police in Gurugram and presented before a magistrate, who granted a three-day police remand. Thereafter, she was transferred to Kolkata, where a trial court ordered her to 14 days of judicial custody.​