Calcutta HC Denies Bail to Influencer Sharmista Panoli, Says Freedom of Speech Not a License to Hurt Religious Sentiments

Kolkata: The Calcutta High Court on Tuesday refused to grant interim bail to law student and influencer Sharmista Panoli, asserting that freedom of speech has constitutional limits, especially when it comes to hurting religious sentiments in a diverse country like India.

Panoli, a 22-year-old student at Symbiosis Law School, Pune, was arrested from Gurugram on May 30 after an allegedly offensive video she posted on social media drew widespread outrage. The video, which surfaced shortly after Operation Sindoor, was perceived as targeting certain religious communities, leading to public backlash. She later deleted the video and issued an apology.

But the High Court was unsparing in its assessment.

“We have freedom of speech, but that doesn’t mean you will go on to hurt others. Our country is diverse, with people from different castes, creeds, and religions. We must be cautious,” the court observed, adding, “This video has hurt sentiments. Just wait. Heavens will not fall.”

The court stressed that free speech is not an unfettered right, especially when it infringes upon the rights or dignity of others in a multi-religious society.

Panoli, who has nearly two lakh followers across social media platforms, has been placed under 14 days of judicial custody by a local Kolkata court. Her arrest triggered a fierce legal battle, with her counsel arguing that the FIR registered was based on non-cognisable offences and no notice had been served before the arrest.

However, the police rebutted that a notice had been issued but could not be served as Panoli and her family had left for Gurugram, a detail reportedly included in the case documents, according to Live Law.

The High Court also clarified key procedural decisions in the matter:

• The primary FIR in Kolkata will be treated as the principal case.
• Other FIRs filed elsewhere on the same grounds will be discontinued.
• The West Bengal government has been directed not to allow fresh FIRs on the same matter.
• The investigating agency will continue its probe based on the original case.

The matter has been posted for further hearing on June 5, by which time the state must file an affidavit and the police must submit the case diary.

Kolkata: The Calcutta High Court on Tuesday refused to grant interim bail to law student and influencer Sharmista Panoli, asserting that freedom of speech has constitutional limits, especially when it comes to hurting religious sentiments in a diverse country like India.

Panoli, a 22-year-old student at Symbiosis Law School, Pune, was arrested from Gurugram on May 30 after an allegedly offensive video she posted on social media drew widespread outrage. The video, which surfaced shortly after Operation Sindoor, was perceived as targeting certain religious communities, leading to public backlash. She later deleted the video and issued an apology.

But the High Court was unsparing in its assessment.

“We have freedom of speech, but that doesn’t mean you will go on to hurt others. Our country is diverse, with people from different castes, creeds, and religions. We must be cautious,” the court observed, adding, “This video has hurt sentiments. Just wait. Heavens will not fall.”

The court stressed that free speech is not an unfettered right, especially when it infringes upon the rights or dignity of others in a multi-religious society.

Panoli, who has nearly two lakh followers across social media platforms, has been placed under 14 days of judicial custody by a local Kolkata court. Her arrest triggered a fierce legal battle, with her counsel arguing that the FIR registered was based on non-cognisable offences and no notice had been served before the arrest.

However, the police rebutted that a notice had been issued but could not be served as Panoli and her family had left for Gurugram, a detail reportedly included in the case documents, according to Live Law.

The High Court also clarified key procedural decisions in the matter:

• The primary FIR in Kolkata will be treated as the principal case.
• Other FIRs filed elsewhere on the same grounds will be discontinued.
• The West Bengal government has been directed not to allow fresh FIRs on the same matter.
• The investigating agency will continue its probe based on the original case.

The matter has been posted for further hearing on June 5, by which time the state must file an affidavit and the police must submit the case diary.