'Freedom of speech doesn't mean you can hurt others': Calcutta high court denies interim bail to Sharmistha Panoli

Sharmistha Panoli, 22-year-old law student from Pune.

The Calcutta high court on Tuesday refused to grant interim bail to Sharmistha Panoli, a 22-year-old law student and a social media influencer from Pune.

However, the court ordered to stay all FIRs outside the Garden Reach police station area. The court has requested for the submission of case diary of the case, with a decision on her bail scheduled for June 5.

Panoli was arrested last month by the Kolkata police for allegedly posting a video on X containing derogatory remarks about Islam and the Prophet Muhammad, which sparked widespread backlash.

Panoli deleted the video and also issued a public apology, however, multiple FIRs were filled against her under sections of the Bharatiya Nyaya Sanhita (BNS) related to promoting enmity and inciting public unrest, and she was arrested from Gurugram by Kolkata police later. .

In its order, the court said that the limits of free speech cannot extend to a point where it hurts a person's or a community's sentiments, according to Live Law.

While denying ad-interim bail, Justice Partha Sarathi Chatterjee, presiding over the matter said," 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."

“This video was made on social media, it was heard, and this incident has led to a section of people's sentiments being hurt,” Live Law quoted him as saying.

On Saturday, Panoli was produced before the Alipore Court in Kolkata, which remanded her in judicial custody for 14 days.

Panoli's counsel argued that her arrest was illegal since the offences disclosed in the FIR were non-cognisable and that she had not been served any notice before arrest, which would have been mandatory under the BNSS.