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No Interim Bail For Sharmistha Panoli In Offensive Video Case, Calcutta HC Seeks Case Diary

The Calcutta High Court on Tuesday declined to grant ad-interim bail to Sharmistha Panoli, a law student at Symbiosis Law School, who is currently in judicial custody over allegedly objectionable posts on social media.

The Calcutta High Court on Tuesday declined to grant ad-interim bail to Sharmistha Panoli, a law student at Symbiosis Law School, who is currently in judicial custody over allegedly objectionable posts on social media. Panoli, accused of making derogatory remarks against Prophet Mohammad, had moved the High Court seeking interim relief and contesting the validity of her judicial remand.

As reported by Live Law, the matter was heard by Justice Partha Sarathi Chatterjee, who refused to grant ad-interim bail and deferred the matter to the upcoming vacation bench. The court also considered her challenge to the trial court’s decision that had placed her in 14-day judicial custody.

What the judge said during the hearing

“This video was made on social media, it was heard, this incident has led to a section of people's sentiment being hurt. Look, we have freedom of speech but that doesn't mean you will go on to hurt others. Our country is diverse, with all persons from different caste, creed, religion, etc. We must be cautious by saying this. So, day after tomorrow. Heavens will not fall,” the judge was quoted as saying by Live Law.

Sharmistha Panoli controversy

Panoli had shared a video on Instagram and X (formerly Twitter) amid the backdrop of "Operation Sindoor", where she allegedly insulted Prophet Mohammad with her derogatory comment. Following backlash, she deleted the content and issued a public apology on X. However, she was arrested in Gurugram after an FIR was lodged against her on May 15, 2025. Arrest warrants were issued by the Kolkata Police two days later, on May 17.

According to Live Law, her legal team argued that the arrest was unlawful, contending that the charges were based on non-cognisable offences and that Panoli had not received any prior notice, a procedural requirement under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The state, however, countered that an attempt was made to serve notice, but Panoli and her family had allegedly relocated to Gurugram. After arresting her there, the Kolkata Police produced her before a magistrate who granted a three-day police remand before transferring her to Kolkata.

The court noted that the trial court had already heard and dismissed her regular bail application. With no immediate relief, Panoli will remain in custody as the matter now awaits hearing by the vacation bench later this week.

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