Calcutta High Court Denies Bail to Law Student Over Controversial Social Media Remarks

The Calcutta High Court has refused to grant interim bail to Sharmishta Panoli, a law student arrested for her comments about Prophet Muhammad on social media. The court's decision highlights the delicate balance between freedom of speech and the potential for hate speech. Panoli's lawyer argues that her arrest was illegal, as the charges were non-cognisable and no notice was served prior to her detention. The case has sparked political debate, with various leaders questioning the legality of her arrest. As the situation unfolds, it raises significant concerns regarding the implications of social media expressions in a diverse society.

By Narendra Chaudhary Jun 3, 2025, 15:06 IST

Court's Decision on Bail Request

On Tuesday, the Calcutta High Court declined to grant interim bail to a 22-year-old law student, Sharmishta Panoli, who was apprehended by Kolkata Police in Gurugram on Friday. She faced charges related to comments made about Prophet Muhammad on social media, as reported by a legal news outlet.

The court also instructed that no additional first information reports (FIRs) should be filed in this matter.

Panoli, a fourth-year student of business and law at a university in Pune, allegedly made remarks on Instagram that were deemed offensive to religious sentiments. She later deleted the post and issued an apology on social media.

Details of the Arrest

A case against Panoli was initiated at the Garden Reach Police Station in Kolkata on May 15, and an arrest warrant was issued on May 17. She was subsequently arrested in Gurugram on Friday.

According to police reports, multiple attempts were made to deliver a legal notice to Panoli, but she and her family were untraceable. Following the failure of these attempts, a court issued an arrest warrant, leading to her capture.

Legal Arguments Presented

During the court proceedings, Panoli's lawyer argued that the arrest was unlawful, as the offences cited in the FIR were non-cognisable, and she had not received any notice prior to her arrest.

The FIR included charges under sections of the Bharatiya Nyaya Sanhita, which address promoting enmity between groups, malicious acts intended to outrage religious feelings, and inciting public mischief.

Court's Remarks on Freedom of Speech

While denying the request for interim bail, the court remarked, "We have freedom of speech, but that does not give one the right to hurt others. Our nation is diverse, and we must exercise caution in our expressions."

The arrest of Panoli has drawn scrutiny from various politicians, including members of the Bharatiya Janata Party, who have questioned the legality of her detention.

Police Defense of the Arrest

On Sunday, Kolkata Police defended their actions, asserting that hate speech should not be mistaken for freedom of speech.