Sharmistha Panoli Arrest Sparks National Outrage Over Unequal Justice
Amid threats and online abuse, the arrest of a young law student raises serious questions on India's selective application of hate speech laws
NEW DELHI — The arrest of Sharmistha Panoli, a 22-year-old law student and Instagram influencer from Pune, has become a flashpoint in India’s ongoing debate on freedom of speech, selective law enforcement, and the uneven protection of religious sentiments. Panoli was arrested by Kolkata Police from Gurugram on the night of May 30, 2025, over an Instagram video in which she criticized celebrities for their silence on Operation Sindoor—India’s military response to the Pahalgam terror attack.
The video, since deleted, allegedly contained remarks perceived as derogatory toward Islam, prompting authorities to book her under multiple sections of the Bharatiya Nyaya Sanhita (BNS). Despite issuing an apology and going offline, Panoli was arrested in a late-night operation, transported to Kolkata, and sent to judicial custody until June 13.
Legal Charges and Arrest Timeline
According to officials, the FIR was registered under charges related to promoting enmity between different groups, inciting communal disharmony, and using offensive language in the digital domain. Kolkata Police claimed repeated attempts to reach Panoli for questioning were unsuccessful. A non-bailable warrant was then obtained from a Kolkata court, leading to her arrest in the early hours.
Her arrest has led to a deluge of reactions, both supportive and critical, with hashtags such as #ReleaseSharmistha and #IStandwithSharmishta dominating Indian social media timelines. But beyond the digital noise, Panoli’s arrest has reignited a deeper and more uncomfortable conversation: Why are some individuals swiftly punished for offending certain religious sentiments, while others walk free despite repeated offenses against another?
When the Law Is Unequal: The Kanhaiya Lal Case
The starkest contrast emerged from the 2022 Udaipur murder case involving Kanhaiya Lal, a tailor who was brutally beheaded by two men for a social media post allegedly supporting former BJP spokesperson Nupur Sharma. The gruesome killing, filmed by the accused themselves and shared widely, shocked the nation.
Despite the severity of the act, bail was later granted to at least two accused involved in the case:
- Mohammed Javed, who was accused of conducting reconnaissance of Kanhaiya Lal’s shop and tipping off the killers, was granted bail by the Rajasthan High Court in September 2024 on grounds of insufficient evidence.
- Farhad Mohammad Sheikh, another accused with indirect involvement, secured bail in September 2023.
The bail decisions triggered widespread public anger. Kanhaiya Lal’s son, Yash Lal, filed a plea in the Supreme Court, questioning how individuals linked to such a brutal crime were walking free while investigations remained ongoing.
What stands out to observers is not just the judicial process but the swiftness—or lack thereof—with which law enforcement responds, depending on the accused’s profile and the nature of religious identity involved.
Social Media and Political Parity: Who Gets Prosecuted?
In Sharmistha Panoli’s case, the state’s machinery acted with urgency. Her apology and removal of the video did little to prevent a midnight arrest. But others, with large followings and political immunity, have faced little to no consequences for far more inflammatory remarks directed at Hindu symbols and deities.
Mahua Moitra
In 2022, Mahua Moitra, then a Member of Parliament from the Trinamool Congress (TMC), tweeted:
“Hope Bhabha Atomic Research Centre is not next on the digging list…” in response to a viral report of a Shivling being discovered during the Gyanvapi mosque survey.
No FIR. No summons. No arrest.
Saayoni Ghosh
Saayoni Ghosh, an actor and youth TMC leader, shared a cartoon showing a woman using a Shivling as a sexual object. Her caption read: “Gods cudn’t have been more useful.”
Despite police complaints filed by Hindu groups, she was neither summoned nor detained.
Prashant Bhushan
In another viral tweet, activist-lawyer Prashant Bhushan posted an image of bollards shaped like Shivlings with the comment:
“So many Shivalings! Wonder how many ancient Shiva temples lie buried here?”
There was outrage but no legal action.
Saba Naqvi
Journalist Saba Naqvi reposted a WhatsApp meme that claimed a Shivling had been discovered at the Bhabha Atomic Research Centre. The message was satirical and made light of religious beliefs.
Again, no consequences.
Unequal Enforcement? Legal Experts React
The question that looms: Why is a young law student treated like a hardened criminal, while influential personalities mocking a major religion receive nothing more than digital rebukes?
“This is not about endorsing offensive speech; it’s about how the same law behaves differently depending on who is speaking,” said a retired High Court judge, speaking anonymously. “Arrest should be a last resort, especially when the accused is cooperating or has expressed remorse. That wasn’t considered here.”
Another Delhi-based criminal lawyer noted, “Under the BNS, offences like promoting enmity must meet a high threshold. But courts and police often interpret these standards loosely when it comes to certain communities. That undermines legal credibility.”
The Threats No One Addressed
Perhaps the most jarring aspect of the Panoli case is the barrage of death and rape threats she received online after her video was circulated. Screenshots show individuals openly calling for her to be “killed” and “raped,” with some posts even naming her location and photo.
Despite this, there has been no visible action from law enforcement.
The Kolkata Police, while issuing a statement to justify Panoli’s arrest, have not addressed why no FIRs or investigations have been launched into those making these threats. Nor has Mamata Banerjee’s government commented on the matter.
Parallels to the RG Kar College Incident
BJP leaders have compared the silence around these threats to the RG Kar Medical College incident in 2022, when students were allegedly threatened by TMC-backed unions for protesting college decisions. Critics point to a similar pattern: individuals associated with Hindu identity or nationalist politics facing disproportionate legal consequences, while threats or attacks against them go unaddressed.
Voices from the Political Spectrum
BJP MP Kangana Ranaut, never far from a public flashpoint, weighed in strongly:
“Sharmistha’s language might have been impolite, but this is how young people speak. She apologized, deleted the post—why this persecution?”
Rajyavardhan Rathore, BJP MP from Rajasthan, said:
“The girl is being punished for questioning silence on terrorism. This isn’t justice. It’s political targeting.”
On the other hand, TMC spokespersons have defended the arrest, arguing that communal harmony must be preserved and that Panoli’s video crossed the legal threshold.
Judiciary Holds the Key
With her bail plea pending in the Calcutta High Court, attention has now shifted to the judiciary. Legal analysts believe the outcome could shape how future digital expression cases are handled—especially those involving religious sensitivities.
Her lawyer, Md Samimuddin, has argued that since the police have already seized her devices, custodial interrogation serves no purpose. “This is a young law student, not a fugitive,” he said. “She should not have been arrested this way.”
What This Means for India’s Free Speech Landscape
The Panoli case has exposed an uncomfortable reality: India’s hate speech laws are not being applied consistently. Whether someone is arrested, ignored, or granted bail seems increasingly dependent on who is offended and who is speaking—not the content or consequence of the speech itself.
While it’s true that religious sensitivities must be respected in a pluralistic society like India, the state must apply laws impartially if it seeks to retain credibility.
As one user wrote on X (formerly Twitter):
“Mock Hindu gods and it’s ‘art’ or ‘satire.’ Criticize silence on terrorism, and it’s ‘communal incitement.’ What justice is this?”
Need To Thought
The arrest of Sharmistha Panoli has become more than just a legal episode—it has become a mirror reflecting how uneven India’s legal landscape can be when politics, religion, and identity intersect. Whether the courts can restore balance remains to be seen. But the message that this arrest sends is already loud, and many believe it is chilling.
As the country watches what unfolds next, the hope among many is not just for justice in this case—but for a more consistent application of justice across the board.
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Ratnakar Mavilach is a seasoned journalist and digital media strategist with 10+ years of experience in politics, geopolitics, and current affairs. Founder of ventures like Hinglishgram and Debonair Magazine’s revival, he leads Hindustan Herald with sharp editorial vision, domain depth, and a relentless focus on impactful storytelling.
- Ratnakar Mavilachhttps://hindustanherald.com/authors/beingratnakar/
- Ratnakar Mavilachhttps://hindustanherald.com/authors/beingratnakar/
- Ratnakar Mavilachhttps://hindustanherald.com/authors/beingratnakar/
- Ratnakar Mavilachhttps://hindustanherald.com/authors/beingratnakar/
