The arrest of Sharmistha Panoli, a 22-year-old law student and social media influencer, by the Kolkata Police, has ignited a nationwide debate about freedom of speech, religious sentiments, and the potential for politically motivated actions. The controversy has now garnered international attention, with a Dutch politician, Geert Wilders, expressing his support for Panoli and urging Indian Prime Minister Narendra Modi to intervene.
Panoli, a fourth-year BBA LLB Honours student at Symbiosis Law School, Pune, was taken into custody in Gurugram on Friday, May 30th, and subsequently brought to Kolkata on transit remand. The arrest stems from a social media video she posted following Operation Sindoor, India's counterstrike to the Pahalgam terror attack. In the video, now deleted, Panoli allegedly used abusive and communally charged language while criticizing Bollywood actors for their silence on the matter.
The Kolkata Police have stated that the arrest was made after multiple complaints were filed against Panoli and legal notices were allegedly ignored. According to police sources, a case was registered against Panoli at the Garden Reach Police station on May 15th, invoking sections of the Bharatiya Nyaya Sanhita related to promoting enmity between groups, outraging religious feelings, and intentional insult with intent to provoke breach of peace, and incitement to public mischief. Panoli was produced in court and remanded to 14 days of judicial custody.
The arrest has sparked a political row, with the BJP and its allies criticizing the Mamata Banerjee government in West Bengal. Jana Kalyan Sena leader Pawan Kalyan questioned the "selective outrage," asking why no action was taken against TMC leaders who allegedly mocked Sanatana Dharma. Some leaders have alleged that Panoli's arrest is an act of Muslim appeasement. Trinamool Congress (TMC) leader Kunal Ghosh responded by stating that the party does not support content that promotes division or discrimination based on religion, and that legal action will be taken if required.
Adding an international dimension to the controversy, Geert Wilders, a member of the Dutch Parliament and the leader of the right-wing Party for Freedom, has voiced his support for Panoli. Wilders posted on X, formerly Twitter, calling Panoli's arrest "a disgrace for the freedom of speech" and urging Prime Minister Narendra Modi to ensure her release. His post featured an image with the text "All eyes on Sharmistha."
The hashtag #ReleaseSharmistha has been trending on social media, reflecting the divided public sentiment surrounding the case. Some defend Panoli's right to free speech, while others condemn her use of offensive language and the potential to incite communal disharmony.
In the wake of the backlash, Panoli had issued an apology on X, stating that her remarks reflected her personal feelings and that she did not intend to hurt anyone. She also stated that she would be more cautious in her public posts going forward. However, the legal proceedings against her continued.
The Kolkata Police have urged the public to avoid sharing unverified claims related to the case, emphasizing that all legal procedures were followed during the arrest. They assert that Panoli was "absconding" and that a warrant was issued by a competent court before she was apprehended in Gurugram.
The case raises important questions about the balance between freedom of speech and the responsibility to avoid inciting hatred or violence. It also highlights the complexities of policing social media content and the potential for political tensions to influence legal proceedings. As Sharmistha Panoli remains in judicial custody, the debate surrounding her arrest is likely to continue, both in India and abroad.
