Calcutta HC Grants Relief to Sharmistha Panoli in Video Case Sparked by Operation Sindoor Remarks
Law student Sharmistha Panoli secures interim bail after arrest over video accused of targeting Muslim community.
Kolkata, June 5 — In a significant turn, the Calcutta High Court on Thursday granted interim bail to Sharmistha Panoli, a 22-year-old law student who was arrested last week over a controversial video that allegedly contained objectionable remarks about the Muslim community and Prophet Muhammad, posted in the context of Operation Sindoor.
The court questioned the manner in which the arrest was carried out, casting doubt on whether the police followed due process. Justice Raja Basu Chowdhury, who heard the matter, said the FIR did not seem to reveal any cognizable offence and that custodial interrogation was not warranted.
Procedural Concerns Raised by Bench
The judge observed that the arrest warrant issued against Panoli appeared to have been approved without sufficient scrutiny. He noted that her background as a law student, with no prior record, was also a relevant factor in determining whether her detention was necessary.
“Mechanical exercise of power in such cases is a cause for concern,” the bench stated. The court instructed that she be released on a personal bond of ₹10,000, with conditions to remain available for investigation and not leave the country without court approval.
Arrest Followed Social Media Outrage Of Sharmistha Panoli
Panoli’s arrest took place on May 30 from her residence in Gurugram, after a complaint was filed in Kolkata. The video in question had circulated widely on Instagram and X (formerly Twitter), where she criticized several Bollywood actors for remaining silent on Operation Sindoor. However, her remarks, particularly references made during that video, triggered allegations of hurting religious sentiments.
As per the FIR filed at Garden Reach Police Station, Panoli was booked under Sections 295A and 153A of the Indian Penal Code, which relate to acts intended to outrage religious feelings and promote enmity between groups.
The West Bengal Police secured a transit remand to bring her from Haryana to Kolkata, where she was held in custody pending court hearings.
Apology Issued Before Arrest
Prior to her detention, Panoli deleted the video and released a public apology on her social handles. She claimed the clip had been misinterpreted and stressed that she had no intention to cause religious offence. Despite that, the FIR proceeded, and police stated that the potential impact of the content remained relevant.
Her legal counsel argued that she had cooperated throughout and posed no threat to public order. During the hearing, the court was informed that Panoli had received several online threats, prompting the judge to direct the state to ensure adequate police protection.
Earlier Bail Plea Had Been Denied
A week prior to this decision, the same court had denied interim bail, taking the view that freedom of speech under Article 19 of the Constitution does not extend to language that offends religious groups. That ruling was cited in debates around how speech laws are interpreted in politically sensitive contexts.
This time, however, the bench appeared more focused on the arrest procedure itself and whether the police had overstepped. The court also seemed to accept the argument that Panoli’s custody was not required for further investigation.
Reactions Split Across Lines
The case has sparked heated debate online and in legal circles. While some commentators called the arrest disproportionate, others insisted that public figures—especially those with growing online influence—must face consequences for incendiary speech.
According to a member of a community welfare group in Kolkata, “This isn’t just about free speech. It’s about accountability. If people use their platforms to incite or offend, the law must act.”
Others disagreed. A criminal lawyer based in Delhi, requesting anonymity, said, “We’re increasingly seeing FIRs being filed over content that, while distasteful, may not cross the legal threshold of criminality. That’s a worrying trend.”
Legal Observers Watching Case Closely
The case has drawn attention from legal experts across the country, who see it as part of a wider conversation on how Indian law handles speech, intent, and communal tension. Several senior advocates have publicly questioned whether existing laws are being applied too broadly in digital contexts.
“It’s important to distinguish between poor judgment and criminality,” said one retired High Court judge. “The law is meant to protect public order, not to penalize expression that someone simply finds offensive.”
What Comes Next
With interim relief granted, Panoli is now expected to comply with ongoing investigation procedures. The court has not yet set a date for the next substantive hearing, but it is understood that the matter will return to the bench for further review of police actions and whether the case merits full prosecution.
Panoli has not issued any new statement since her release, and her legal team has only said they are “satisfied with the outcome” and will “cooperate fully with the authorities going forward.”
For now, the case stands as another test of how Indian courts strike a balance between expression and offence, especially in an environment where content travels faster than law enforcement can respond.
Source: LiveLaw court report, Calcutta High Court proceedings, official police statements, and legal expert commentary.
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Raj Chaubey is a Reporting Fellow at Hindustan Herald, specializing in political and geopolitical news. As a student at Delhi University, Raj combines academic rigor with a commitment to investigative journalism, aiming to uncover the broader implications of current events. His daily articles strive to offer our audience a deeper understanding of complex political landscapes and their global connections.
- Raj Chaubeyhttps://hindustanherald.com/authors/raj_c/
- Raj Chaubeyhttps://hindustanherald.com/authors/raj_c/
- Raj Chaubeyhttps://hindustanherald.com/authors/raj_c/
- Raj Chaubeyhttps://hindustanherald.com/authors/raj_c/
