Wajahat Khan, who initially filed a complaint against social media influencer Sharmistha Panoli, has been denied bail and remains in police custody. Khan's complaint led to Panoli's arrest on May 30, 2025, in Gurugram, Haryana, after she posted a controversial video criticizing Bollywood celebrities for their silence on "Operation Sindoor." She was charged under the Bhartiya Nyaya Sanhita (BNS) for promoting enmity and hurting religious sentiments.

However, the situation took a turn when multiple FIRs were filed against Khan himself in Kolkata and Mumbai. These FIRs accuse him of posting offensive remarks against Hindu deities and religious traditions on social media. The Shree Ram Swabhiman Parishad filed a complaint against Khan, alleging that he used derogatory, inflammatory, and sexually explicit language targeting Hindu deities and the Hindu community, with terms such as "rapist cultures" and "urine drinkers".

Amidst these allegations, Khan went missing on June 1, 2025, and was subsequently arrested by Kolkata Police on June 9 from a flat in the Amherst Street area. He had reportedly ignored three summonses for questioning, remaining on the run until his arrest. He has been booked under various sections of the BNS, including those dealing with promoting enmity between different groups based on religion, race, and insults or attempts to insult religion.

Meanwhile, Panoli was granted interim bail by the Calcutta High Court on June 5, 2025, with the condition that she could not leave the country and had to furnish bail bonds worth ₹10,000. The court initially denied her interim bail, stating that freedom of speech does not allow anyone to hurt religious sentiments. However, the court later granted her bail, observing that the FIR against her did not disclose any cognizable offense. She was released from Alipore Women's Correctional Home on June 6.

Following Panoli's arrest, Khan's father claimed that the family had been receiving threatening calls accusing them of "ruining Panoli's life." He also suggested that his son's social media accounts may have been hacked and denied any religious bias on his son's part, stating that his son is secular.

The case has sparked a debate on free speech versus hate speech, with many questioning the limits of expression and the potential for inciting communal tensions. Trinamool Congress leader Kunal Ghosh stated that "hate speech" of any kind is "unacceptable" and that appropriate legal action must be taken against anyone who engages in it.

Several other complaints have been lodged against Khan, including one with the Lalbazar Cyber Cell, and police are verifying his social media content for further legal action. Khan's account on X has since been locked. Assam Police had also been seeking Khan and alleged non-cooperation from Kolkata Police, a claim that Kolkata Police strongly denied.