Sharmishta Panoli Released From Jail After Calcutta High Court Grants Interim Bail
The Calcutta High Court vacation bench led by Justice Raja Basu Chowdhury granted bail to Sharmishta Panoli, a law student of Symbiosis Law School, Pune, arrested over allegations of hurting religious sentiments.
Kolkata-based social media influencer Sharmishta Panoli, who was arrested for allegedly making communal remarks in a video related to Operation Sindoor, was released from jail a day after receiving interim relief from the Calcutta High Court.
Calcutta High Court Ruling
The Calcutta High Court vacation bench led by Justice Raja Basu Chowdhury granted bail to Sharmishta Panoli, a law student of Symbiosis Law School, Pune, arrested over allegations of hurting religious sentiments.
The Court held that prima facie her arrest was not in compliance with Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and that the arrest warrant appeared to be issued in a mechanical manner.
The Court noted,
“Although when the writ petition was filed since the order dated 22nd May 2025 issued by the Learned Chief Judicial Magistrate was not available there is no formal challenge to the same, but a Court exercising extra ordinary writ jurisdiction cannot keep its eyes shut to such an irregularity.”
Justice Raja Basu Chowdhury observed,
“The warrant of arrest which has been issued appears to be issued in a mechanical manner… The order and consequential warrant of arrest, in my view does not satisfy the requirement of satisfaction of the Magistrate to authorize detention especially when the offence punishable was by imprisonment which may extend only up to three years and one of the Section charged was bailable and non-cognizable.”
The Bench further added,
“Having regard to the complaint of the petitioner dated 15th May 2025 and the submission made by the Learned Advocate General that a case has been registered, I am of the view that the police authorities should afford proper police protection to the petitioner.
The Judge added that the warrant itself lacked reasoning and failed to reflect the satisfaction required before authorising arrest and detention.
The 22-year-old influencer was arrested on May 31, 2025, in Gurugram, following a backlash against an Instagram post she made. Her post was in response to criticism of India’s military action after the Pahalgam terror attack. According to the police, her remarks were allegedly communal in nature, leading to protests and her subsequent arrest.
Panoli was produced in court and sent to judicial custody for 14 days. However, she got a big relief after the Calcutta High Court granted her interim bail on June 5. Following the order, she walked out of jail and returned home.
The case was heard by Hon’ble Justice Partha Sarathi Chatterjee, who presided over intense arguments between the petitioner and the state.
While hearing the matter, the Court remarked, “Heavens will not fall in two days,” indicating that the urgency shown by the petitioner was not justified.
The bench denied the request for immediate relief, stating that the matter would be taken up in due course as per legal procedure.
The arrest of Sharmishta Panoli had drawn strong reactions, not just from her followers but also from political parties and international voices.
Interestingly, the man who filed the original complaint against Panoli—Wajahat Khan Qadri—is now facing criminal charges himself. The Kolkata Police have registered a case against Qadri, and the Assam Police have also issued an arrest warrant for him.
Qadri, who is currently absconding, is accused of posting hate speech and derogatory remarks on social media that hurt religious sentiments. A team from Assam Police has already reached Kolkata to arrest him.
Panoli’s arrest has sparked a political controversy, with the BJP and its allies targeting the Mamata Banerjee-led West Bengal government. They have accused the ruling party of muzzling free speech and acting in a biased manner.
Adding international weight to the issue, Geert Wilders, a well-known Dutch Member of Parliament and leader of the right-wing Party for Freedom, criticised the arrest.
Wilders called the arrest a “disgrace for freedom of speech”.
He also made an appeal to Prime Minister Narendra Modi, saying:
“Disgrace for freedom of speech. This brave girl should not be arrested. She should be protected. Please PM @narendramodi, free this brave girl Sharmishta Panoli.”
Background
The controversy began after Panoli commented on a social media post that had questioned India’s military response to the Pahalgam terror attack, where several soldiers lost their lives. In her response, Panoli allegedly made remarks that some people found communal and inflammatory.
However, her supporters claim that she was merely exercising her right to express her opinion, and her words were being taken out of context. With growing online support and a rising hashtag campaign, the case gained national attention.
Now, with both Panoli and her accuser facing legal scrutiny, the issue has taken a complicated turn, raising serious questions about free speech, communal harmony, and political bias in policing.
Case Title: SHAMISHTA PANOLI @ SHARMISHTA PANOLI RAJ vs STATE OF WEST BENGAL AND ORS., WPA/12361/2025
