Calcutta High Court addresses Sharmishta Panoli case over viral video and religious sentiments.

CALCUTTA HIGH COURT SLAMS PANOLI’S REMARKS

Case Overview

Case Name – Shamishta @Sharmishta Panoli Raj vs. State of West Bengal

The Calcutta High Court Kolkata recently addressed a plea filed by 22-year-old law student and influencer Sharmishta Panoli who was arrested over a viral video that allegedly targeted the Muslim community . Justice Partha Sarathi Chatterjee expressed concern over the misuse of free speech, highlighting that India’s diversity must be respected in all forms of expression . The case has drawn wide public and legal attention due to the sensitive nature of the content involved and the sweeping legal actions taken across states .

Key Aspects

The incident has raised serious questions about online speech, religious sentiments and law enforcement’s response. Below are the key facts and issues related to the case :
Panoli’s video, posted on May 14 was a reaction to a query about India’s military action following the Pahalgam terror attack .

• She allegedly made offensive remarks about Islam and Prophet Muhammad triggering widespread criticism .
• The video rapidly circulated online resulting in multiple FIRs across various states.
• Panoli later reported receiving death and rape threats prompting her to delete the video and issue a public apology on May 15 .
• Arrested from Gurugram on May 30, she is currently in judicial custody in Kolkata .

Legal Insights

The matter engages both constitutional freedoms and penal liabilities . The relevant legal provisions include :
Section 295A, IPC – Acts intended to outrage religious feelings .

• Article 19(2) – Allows reasonable restrictions on freedom of speech and expression.
• CrPC provisions – Relating to consolidation of FIRs and execution of arrest warrants.
• Article 21 – Ensures protection of life and personal liberty including basic rights of prisoners.

Court’s Verdict

While refusing to quash the FIR at this stage, the Calcutta High Court Kolkata stressed that freedom of speech should not override communal harmony . It ordered that Operation Sindoor Sharmistha Panoli case be treated as the principal FIR . The Court also instructed jail authorities to provide basic human amenities noting that even undertrial prisoners are entitled to humane treatment . The case will now be heard by the next vacation bench on June 5 .

Source – Politically Incorrect

Read also – Article 19 of Indian Constitution