KKN Gurugram Desk | The recent arrest of 22-year-old law student and Instagram influencer Sharmistha Panoli by Kolkata Police has ignited a nationwide debate concerning freedom of expression, political bias, and the limits of lawful dissent. Panoli was detained for allegedly posting a video on social media that contained remarks deemed offensive to religious sentiments, particularly in the context of “Operation Sindoor,” India’s military response to the Pahalgam terror attack. Despite deleting the video and issuing a public apology, Panoli faces multiple charges and remains in judicial custody.

Background of the Incident

Sharmistha Panoli, a law student at Symbiosis International University in Pune, posted a video on Instagram criticizing Bollywood celebrities for their silence on Operation Sindoor. The video was perceived by some as containing communal and provocative statements, leading to widespread backlash. Following the uproar, Panoli deleted the video and issued an unconditional apology on May 15. However, an FIR was filed at Garden Reach Police Station in Kolkata, and after unsuccessful attempts to serve her legal notices, she was arrested from Gurugram on May 30. She was subsequently brought to Kolkata and remanded to 14 days of judicial custody by the Alipore Court.

Legal Charges and Police Justification

Kolkata Police have charged Panoli under several sections of the Bharatiya Nyaya Sanhita, including:

• Section 196(1)(a): Promoting enmity between different groups based on religion.

• Section 299: Deliberate and malicious acts intended to outrage religious feelings.

• Section 352: Intentional insult to provoke breach of peace.

• Section 353(1)(c): Making statements that incite public unrest.

The police defended their actions, stating that the arrest was not for expressing patriotism but for sharing content that could incite communal disharmony. They emphasized that hate speech and abusive language should not be misconstrued as freedom of speech and expression.

Political and Public Reactions

The arrest has drawn criticism from various political figures and organizations:

• Manan Kumar Mishra, Chairman of the Bar Council of India and Rajya Sabha MP, condemned the arrest as a “blatant assault on freedom of expression” and demanded Panoli’s immediate release and a fair trial.

• Kangana Ranaut, BJP MP, criticized the West Bengal government, warning them “not to try to turn the state into North Korea,” suggesting authoritarian behavior.

• Pawan Kalyan, Andhra Pradesh Deputy Chief Minister, denounced the arrest, highlighting what he termed “selective outrage” and questioning the motives behind the arrest.

• Amit Malviya, BJP’s IT cell head, accused the TMC government of appeasement politics and selective enforcement of the law.

The incident has also sparked discussions on social media, with hashtags like #ReleaseSharmistha trending across platforms, reflecting public concern over freedom of expression and perceived political bias.

Sharmistha Panoli’s arrest has become a focal point in the ongoing discourse on the balance between maintaining communal harmony and upholding freedom of expression. As the legal proceedings continue, the case underscores the complexities involved in navigating the intersection of law, politics, and individual rights in a diverse society.