KOLKATA | 4TH JUNE 2025
The Calcutta High Court on Thursday granted interim bail to Shamishta Panoli, a 22-year-old law student arrested for a viral Instagram video that allegedly contained derogatory remarks against the Muslim community. The matter was heard in the case titled Shamishta Panoli @Sharmishta Panoli Raj v. State of West Bengal & Ors.
CALCUTTA HIGH COURT: JUSTICE RAJA BASU CHOWDHURY HEARS MATTER DURING VACATION BENCH
The vacation bench, led by Justice Raja Basu Chowdhury, proceeded with the hearing despite the State’s request to place the matter before a regular bench. The Court stated:
“There are observations made by previous bench. I have to take up…Different person is sitting today, but that does not make the situation different,”
This was in response to arguments made by Advocate General (AG) Kishore Datta, who sought to defer the matter.
AG CLAIMS DUE PROCESS, BUT COURT QUESTIONS VALIDITY OF ARREST WARRANT
AG Kishore Datta defended the legality of the arrest:
“Police goes to serve notice on 18th, she was not at her residence.”
“All formalities were completed during the arrest procedure. The State had no axe to grind.”
However, the Court raised concerns over the grounds of arrest and the use of a warrant, stating:
“You have argued that attempts were made to serve notice but accused did not appear or present herself for investigation, which prompted you to seek warrant. In the light of this…I have seen arrest memo…warrant does not disclose any grounds.”
In response, AG Datta referred to a Supreme Court judgment:
“I am not saying writ court cannot grant bail, but when petitioner has been remanded to judicial custody, can the writ court be invited for grant of bail?”
“ARREST IS ILLEGAL”: SENIOR ADVOCATE DP SINGH ARGUES ON BEHALF OF PANOLI
The Court questioned why the bail plea was brought to the High Court instead of a criminal court. Senior Advocate DP Singh, representing Panoli, responded:
“Why before this Court? You could have gone to criminal court.”
Singh explained the urgency and constitutional issues involved, referencing recent rulings from the Bombay High Court and the Supreme Court related to “Operation Sindoor.” He asserted:
“Arrest is illegal, registration of FIR is illegal because no cognizable offence disclosed…Her target audience was a Pakistani girl. These are young students. She is a student of law. She would have been a lawyer. I don’t know what will happen now…”
INTERIM BAIL GRANTED AMID DEBATE ON FREE SPEECH VS HATE SPEECH
Senior Advocate Rajdeep Mazumder, also appearing for Panoli, confirmed that the interim bail order had been passed, though media access was interrupted mid-hearing during the Zoom proceedings.
The bench was hearing a petition to quash the FIR and declare Panoli’s arrest illegal.
BACKGROUND: INSTAGRAM POST AND ARREST OVER PAHALGAM TERROR ATTACK REMARKS
On May 14, Panoli posted a video on Instagram responding to a Pakistani follower’s query on India’s stance regarding the Pahalgam terror attack. In the video, she allegedly made disparaging remarks about Islam and Prophet Muhammad.
Facing severe backlash, she deleted the video on May 15 and posted a public apology on X (formerly Twitter). She also claimed to have received death and rape threats.
On the night of May 30, Kolkata Police arrested her from Gurugram, Haryana, and she was remanded to 14 days judicial custody by a local court on May 31.
COURT’S EARLIER WARNING ON HATE SPEECH
In a related hearing on June 3, Justice Partha Sarathi Chatterjee emphasized the need for caution in public discourse, especially in a diverse country like India:
“Admittedly, in a country like ours, people of different faiths, communities, and linguistic backgrounds coexist. Therefore, one should exercise caution when making any comments in the media or before the public. The Hon’ble Supreme Court, in a series of judgments, has condemned incidents of hate speech, dog-whistling, and making disparaging remarks that may hurt any section of the people of our country.”
The Court directed the State not to register any additional FIRs against Panoli over the same video content.
LEGAL REPRESENTATION
Shamishta Panoli was represented by:
Senior Advocate DP Singh
Senior Advocate Rajdeep Mazumder
Senior Advocate Nilanjan Bhattacharjee
