Free Speech Not A Licence To Hurt, Says Calcutta High Court, Denying Bail To Sharmishta Panoli

The Calcutta High Court on Tuesday (3 June) denied interim bail to Instagram content creator Sharmishta Panoli, who was arrested for allegedly making derogatory remarks against a community in videos posted after Operation Sindoor.

While hearing the plea, Justice Partha Sarathi Chatterjee observed that the right to free speech does not include the right to hurt religious sentiments. “We have freedom of speech, but that doesn't mean you will go on to hurt others,” the judge said, according to a report by Live Law. “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.”

Panoli, a 22-year-old law student from Pune, was arrested by Kolkata Police from Gurugram on Friday (30 May) and remanded to 14-day judicial custody by the Alipore Court on Saturday (31 May). The arrest was widely condemned as she had apologised and deleted the video in question.

The Kolkata Police said several attempts were made to serve legal notices to Panoli and her family, but the family allegedly absconded. An arrest warrant was then issued by the court, leading to her arrest in Gurugram.

Panoli’s counsel, Md Samimuddin, argued that the arrest was illegal as the offences listed in the FIR were non-cognisable and no prior notice was served — a requirement under the new Bharatiya Nyaya Sanhita (BNSS). The lawyer also raised concerns over Panoli’s deteriorating health at the Alipore Women’s Correctional Home, where she is allegedly being denied access to medical care, hygiene, newspapers and magazines.

“She has kidney stones... Sharmishta is innocent. We are trying our best to get her out of jail before 13 June,” her counsel said, as quoted by Live Law.