The Calcutta High Court on Tuesday refused to grant interim bail to Instagram content creator Sharmistha Panoli and said that freedom of expression does not give a person ‘wish to hurt others’. Instagram Influencer and law student Sharmishtha Panoli found herself at the center of controversies to make a controversial statement against a community in view of Operation Sindoor. He was arrested by the Kolkata police after an FIR was registered against him last week. Justice Partha Sarathi Chatterjee, who is hearing the case, refused to grant interim bail, saying, “Look, we have freedom of expression, but this does not mean that you will keep hurting others. This information has been reported by Live Law.
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What did Sharmistha Panoli’s lawyer argue?
During the hearing of the case, Sharmishtha Panoli’s counsel argued that his arrest was illegal as the allegations mentioned in the FIR were non -comprehensive, and they were not given any prior information – which would be mandatory under the new BNSS laws.
Sharmistha Panoli controversy
Sharmishtha Panoli shared a video on Instagram and X (East Twitter) in the background of “Operation Sindoor”, in which she allegedly insulted Prophet Mohammed with her derogatory remarks. After the protest, he removed the material and publicly apologized on X. However, on May 15, 2025, he was arrested in Gurugram after an FIR was registered against him. Two days later, on 17 May, Kolkata Police issued arrest warrants. After the video went viral, #ARRESTSHARMISTA also started trending on X. Social media users flooded the comment section of Sharmistha’s Instagram Post, after which they were forced to remove the video and publicly apologize. After the arrest, Panoli was produced in Alipur Court in Kolkata on Saturday, from where he was sent to judicial custody for 14 days.
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Allegations against Sharmistha Panoli
According to police sources, Section 196 (1) (A) Promoting hostility among various groups on the basis of religion, caste, place, residence, language, caste or community against Panoli, intentionally and malicious task), 352 (CP) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) with the intention of intention and malicious work), 399 (with the intention of hurting the religious sentiments of any class of citizens), 399 (with the intention of hurting the religious sentiments of any class of citizens), 352 An FIR was lodged under the provocative statement).
Is Sharmistha Panoli’s arrest illegal
According to Live Law, his legal team argued that the arrest was illegal, arguing that the allegations were based on non-hygienic offenses and Panoli had not received any prior information, which is a procedural requirement under the Indian Civil Protection Code (BNSS). Although the state replied that an attempt was made to give notice, Panoli and his family allegedly moved to Gurugram. After arresting him there, the Kolkata Police presented him to a magistrate who gave him a three -day police remand before transferring him to Kolkata. The court said that the lower court had already rejected it after hearing his regular bail plea. Due to lack of immediate relief, Panoli will remain in custody as the matter will now be heard by the holiday bench later this week.