Kolkata, June 3, 2025

The Calcutta High Court on Monday declined to grant interim relief to advocate and social media personality Sharmistha Panoli in a case registered against her over allegedly offensive content circulated online. The Court directed the West Bengal Police to produce the case diary at the next hearing.

Justice Amrita Sinha, presiding over the matter, heard Panoli’s plea seeking protection from coercive action in connection with a video allegedly hurting religious sentiments and sparking public outrage in parts of the state.

Panoli was reportedly arrested by the West Bengal Police on May 28, 2025, under charges that include Sections 153A and 295A of the Indian Penal Code, which relate to promoting enmity between groups and deliberate acts intended to outrage religious feelings.

Her legal team contended that the content was taken out of context and that the arrest amounted to suppression of free speech. However, the Court observed that in the absence of the complete case record, it was premature to interfere.

“Without examining the contents of the case diary, no protective order can be passed at this stage,” the Court remarked, adjourning the matter to later this week.

Counsel representing the State opposed interim protection, arguing that the video, widely circulated on social platforms, had incited communal tensions and law-and-order concerns, justifying the investigation and arrest.

The Court took note of the submission and refrained from issuing any interim injunction, emphasizing the need for careful judicial scrutiny.

Panoli’s arrest sparked sharp reactions from several quarters of the legal fraternity, including a statement from Bar Council of India (BCI) Chairman Manan Kumar Mishra, who termed the action “high-handed” and called for her immediate release. The matter has since taken on national significance, with debates over the balance between free expression and public order laws.

The High Court has asked the state authorities to file the complete case diary and relevant materials before the next date of hearing. Until then, the matter remains under judicial consideration.