The Kolkata Police on Sunday issued a formal statement defending the arrest of Instagram influencer and law student Sharmistha Panoli, emphasizing that the action was taken in accordance with the law following allegations of hate speech, not for expressing patriotic sentiments or views on national security.
The clarification comes amid widespread debate and social media commentary suggesting that Panoli was detained for her vocal support of Operation Sindoor and criticism of Pakistan. Dismissing such claims, the police labelled them as "false, mischievous, and misleading."
“Some social media accounts are spreading false information that Kolkata Police has unlawfully arrested a law student for opposing Pakistan. This narrative is factually incorrect,” the statement read. “Legal action was taken because the video in question allegedly promoted communal disharmony and contained abusive, hate-filled language that is not protected under the right to free speech.”
According to officials, the case was registered on May 15 at the Garden Reach Police Station under relevant sections of the newly enacted Bharatiya Nyaya Sanhita (BNS). The FIR reportedly cites that the video posted by Panoli insulted the religious sentiments of a section of Indian citizens and was “capable of inciting communal tension.”
Despite multiple attempts to serve her a legal notice under Section 35 of the BNSS, Panoli was reportedly untraceable. The police described her as "absconding" until her eventual arrest on May 30 in Gurugram. She was transported to Kolkata and presented before a magistrate, who remanded her to 14 days of judicial custody.
The video in question had featured sharp criticism of several Bollywood personalities, particularly Muslim actors, for their silence following India's military operation in Pakistan-occupied Kashmir. The video, which included objectionable language and communal undertones, was later deleted by Panoli, who also issued a public apology.
However, Kolkata Police has reiterated that the apology did not nullify the legal implications under the BNS, which criminalizes hate speech—especially when directed at religious figures or communities and capable of inciting social discord.
Police sources affirmed to News18 that all complaints related to communal or religious sensitivities will be assessed with due diligence, and necessary legal action will be taken without bias or delay.
The case has sparked wider discussions about the boundaries of free speech, responsible digital expression, and the scope of newly implemented criminal laws in India.
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As per the IT policy of the Central Government, insults against an individual, community, religion or country, defamatory and inflammatory remarks, obscene and vulgar language are punishable offenses. Legal action will be taken for such expressions of opinion.