Sharmistha Panoli gets interim bail in social media post case, says Calcutta HC

New Delhi: The Calcutta High Court on Thursday granted interim bail to 22-year-old law student Shamishta Panoli, who was arrested for allegedly posting derogatory remarks against the Muslim community on social media. The matter was heard by Justice Raja Basu Chowdhury during the court’s vacation sitting.

While Advocate General (AG) Kishore Datta, representing the State, requested that the case be placed before the regular bench, the Court declined to defer hearing. Justice Chowdhury observed, “There are observations made by the previous bench. I have to take this up… A different person is sitting today, but that does not make the situation different.”

The AG submitted that Panoli had not been served a notice prior to her arrest, noting that police personnel had visited her residence on 18 May but had not found her present. He asserted that all procedural formalities were observed during the arrest and denied any malice on the part of the authorities.

However, the Court questioned the necessity and validity of the arrest warrant, stating, “You have argued that attempts were made to serve notice but the accused did not appear or present herself for investigation, which prompted you to seek a warrant. In the light of this… I have seen the arrest memo… the warrant does not disclose any grounds.”

In response, AG Datta referred to a Supreme Court judgment which held that the issuance of a warrant is, in itself, sufficient justification for an arrest. He also raised the issue of jurisdiction, asking whether the writ court could grant bail once the petitioner had been remanded to judicial custody.

The Court asked Senior Advocate DP Singh, appearing for Panoli, why the High Court was approached instead of a criminal court. Singh cited recent Bombay High Court and Supreme Court rulings where individuals were released over social media posts. He argued that the FIR lacked merit and no cognisable offence was made out, stating Panoli’s remarks were directed at a Pakistani user and that she was a law student with career aspirations.

During the hearing, a reporter was removed from the Zoom session. Later, Senior Advocate Rajdeep Mazumder confirmed that interim bail had been granted. The plea also sought quashing of the FIR and a declaration that the arrest was unlawful.

Panoli had earlier been remanded to 14 days’ judicial custody by a Kolkata court on May 31 in relation to a video posted on May 14. The video, shared on Instagram in response to a Pakistani follower's question regarding India’s response to a terror attack in Pahalgam, allegedly contained disparaging remarks about Islam and Prophet Muhammad. It triggered widespread outrage and calls for legal action.

Following the backlash, Panoli reportedly received death and rape threats. She removed the video and issued a public apology on X (formerly Twitter) on May 15.

She was arrested on May 30 by Kolkata Police from Gurugram, Haryana, and brought to Kolkata.

On June 3, the High Court, in an order by Justice Partha Sarathi Chatterjee, stated that Panoli should have exercised greater restraint in her public comments. The judge observed: “In a country like ours, people of different faiths, communities, and linguistic backgrounds coexist. Therefore, one should exercise caution when making any comments in the media or before the public.”

Justice Chatterjee also noted that the Supreme Court has consistently condemned hate speech and inflammatory remarks. However, the Court directed that no further FIRs be registered against Panoli on the basis of the same comments.