The arrest of social media influencer Sharmistha Panoli has become a focal point of contention, sparking debates about freedom of speech, due process, and the potential misuse of legal mechanisms. Panoli, a 22-year-old law student from Pune, was apprehended by Kolkata Police in Gurugram on May 30th, following a complaint regarding a now-deleted video. The video allegedly contained abusive language and communal remarks criticizing Muslim Bollywood celebrities for their silence on "Operation Sindoor." This operation is described as a counter-terrorism effort in response to the killing of innocent people.
According to reports, the arrest followed a complaint filed on May 15th at the Garden Reach Police Station. Kolkata Police stated that they adhered to all legal procedures, asserting that Panoli was found to be "absconding" after repeated attempts to serve her with legal notices. However, Panoli's legal team disputes this claim, alleging procedural lapses in the arrest. Her lawyer, Md Shamimuddin, argued that her arrest was unnecessary, as her laptop and mobile phone had already been seized, and her statement had been recorded. He emphasized her cooperation with the investigating agency.
Adding another layer to the controversy, Wajahat Khan, the complainant in the case, has reportedly gone missing. Khan's father, Saadat Khan, stated that his son has not been seen since Sunday night and that the family has been receiving threatening phone calls since Panoli's arrest. Saadat Khan also defended his son, claiming his innocence and secularism. Simultaneously, reports have surfaced of multiple complaints being lodged against Wajahat Khan in various locations, including Kolkata. One such complaint, filed with the Delhi Police and Cyber Crime Unit, accuses Khan of hate speech, religious defamation, and offensive content. Assam's Chief Minister, Himanta Biswa Sarma, has also stated that a case has been filed in Assam against Khan for allegedly insulting Hindu deities and that the state government is seeking his custody.
Panoli's arrest has drawn criticism from various quarters. The Bar Council of India (BCI) chairman, Manan Kumar Mishra, has called for her immediate release and a fair trial, describing her arrest as an "absolute failure of justice and a blatant assault on freedom of expression," especially considering her apology for the video. Conversely, the Calcutta High Court refused interim bail to Panoli, stating that "freedom of speech does not mean hurting religious sentiments," and cautioned about India's diversity, implying the need for restraint in expression.
Currently, Panoli is in judicial custody until June 13th and lodged in Alipore women's correctional home. Her advocate has filed a plea regarding the conditions at the correctional facility, claiming that her basic rights are being denied and that "proper hygiene is not being maintained," leading to a deterioration of her health.
