Calcutta High Court denies interim bail to Sharmistha Panoli: 'Freedom of speech cannot hurt religious sentiments'

The Calcutta High Court rejected influencer Sharmistha Panoli’s plea for interim bail, stating freedom of speech doesn't allow hurting religious sentiments. Police defended her arrest, calling online claims of illegality misleading and false.

22-year-old law student and influencer Sharmistha Panoli

Image Credit: Social Media

The Calcutta High Court on Tuesday rejected the interim bail plea of 22-year-old law student and social media influencer Sharmistha Panoli, arrested last week over a video she posted that allegedly hurt religious sentiments. 

The court observed that freedom of speech under Article 19(1)(a) of the Constitution does not extend to promoting disharmony or hurting religious beliefs.

"Freedom of speech doesn't mean one can hurt religious sentiments," the court said, while turning down Panoli’s request for relief before June 5.

Sharmistha Panoli’s arrest stirs political and public debate

Sharmistha Panoli was arrested by Kolkata Police after she uploaded a now-deleted video in which she criticised Bollywood actors for staying silent on Operation Sindoor, India’s military operation in Pakistan-occupied Kashmir. The police alleged that the video was “insulting to the religious belief of a class of citizens” and amounted to “promoting hatred between communities.”

The influencer later issued a public apology, but police said her content had already violated legal boundaries. Responding to online outrage and claims of illegal detention, Kolkata Police issued a statement calling such claims “mischievous and misleading.”

"Some social media accounts are spreading false information that Kolkata Police has unlawfully arrested a law student for opposing Pakistan. This narrative is mischievous and misleading," the statement said. The police insisted they had acted only after a thorough investigation and in compliance with the law.

They added that “hate speech and abusive language should not be misconstrued as freedom of speech and expression.”

Political backlash from BJP

The arrest has drawn sharp criticism from the BJP, with West Bengal party president Sukanta Majumdar accusing the Mamata Banerjee-led state government of indulging in “appeasement politics.” In a post on social media, Majumdar wrote:

“Sharmistha Panoli, 22, a law student, arrested for a now-deleted video and a public apology. No riots. No unrest. Yet Mamata Banerjee’s police acted overnight, not for justice, but for appeasement… This is not justice. This is vote-bank vendetta.”

Next steps in legal process

While the High Court has refused to grant interim bail at this stage, the matter will continue to be heard. Legal experts say the case touches on the sensitive balance between freedom of expression and maintaining communal harmony, a debate that has repeatedly come up in India’s courts and public discourse.

Panoli remains in judicial custody as of Tuesday, with further hearings expected in the coming days.