Sharmishta Panoli case: Calcutta HC denies bail to YouTuber over communal remarks, says free speech doesn’t mean hurting sentiments

Kolkata: The Calcutta High Court on Tuesday refused to grant interim bail to social media content creator Sharmishta Panoli, who was arrested for allegedly making hurtful religious statements in now-deleted videos against a community in the wake of Operation Sindoor on May 7.

The court also directed the state government to produce the case diary in connection with Panoli's arrest on June 5, when her interim bail prayer will be heard again.

The court has instructed the state government to present the case diary related to Panoli's arrest on June 5, when her request for interim bail will be reviewed again.

In its ruling, the court noted that the boundaries of free speech should not reach a level that causes harm to an individual's or a community's feelings, as reported by Live Law.

"Look, 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 by saying this. So, day after tomorrow. Heavens will not fall," Justice Partha Sarathi Mukherjee noted.

About the case: Sharmishta Panoli, a 22-year-old law student from Pune, was taken into custody by Kolkata Police in Gurugram on Friday for allegedly offending religious sentiments through a video about Operation Sindoor. The Instagram video, which gained significant attention online, was said to be disrespectful towards a specific religion, resulting in considerable outrage. In response to the criticism, Panoli removed the contentious videos and expressed regret for her comments. Nevertheless, she was subsequently arrested by the Kolkata police in Gurugram.

Sharmishta Panoli's counsel's statement: Panoli's lawyer contended that her arrest was illegal because the charges listed in the FIR were non-cognisable and she had not received any notice before her arrest, which is mandated by the BNSS.

Her attorney, Md Samimuddin, further asserted that her health was worsening due to inadequate sanitation and insufficient medical care at Alipore Women's Correctional Home.

"We are trying our best to get her out of jail",: said Md Samimuddin.