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Calcutta high court denies interim bail to influencer Sharmishta Panoli
The Calcutta high court, however, directed the state to ensure that no further FIRs are registered against Sharmishta Panoli for the same set of allegations
Kolkata: The Calcutta high court on Tuesday refused to grant ad-interim bail to social media influencer Sharmishta Panoli who was arrested by the Kolkata Police on May 30 for her alleged controversial comments on social media.
The bench of Justice Partha Sarathi Chatterjee, however, directed the state to ensure that no further FIRs are registered against Panoli for the same set of allegations.
“The social media post has admittedly hurt the sentiments of a section of citizens. We have freedom of speech and expression. That doesn’t mean you will go on hurting the sentiments of others. Our nation is full of diversity. People from several communities and caste, and speaking different languages coexist. So, while making such submissions, we have to be cautious,” the court said.
Advocate VP Singh, Panoli’s counsel, moved the Calcutta high court seeking ad-interim bail for the 19-year-old law student. Senior advocate Kalyan Banerjee, who was representing the state, however, opposed the bail. The court witnessed a high-pitched argument between the two counsels.
“The May 15 FIR says that she made some blasphemous comments against a community. What is that? Where is that content? The FIR doesn’t disclose a cognizable offence, which the police have registered,” Singh told the court.
He also said that Panoli’s family was receiving threats every day after the social media post and even approached police on three consecutive days seeking protection. It wasn’t provided. On May 19, a crowd gathered outside Panoli’s residence threatening the family. That was when the family decided to move to Gurugram.
Police had earlier stated that all attempts were made to serve notice, but she was found absconding on every occasion. Consequently, a warrant of arrest was issued by the competent court, following which she was apprehended lawfully from Gurugram.
“She had posted a video hurting the religious faith. The FIR itself discloses a cognizable offence. Warrant was issued by the appropriate magistrate after notice was served. Their flat was under lock and key. She was arrested and produced before a magistrate. Her bail petition was rejected by the magistrate and she was sent to custody,” Banerjee told the court.
The court was told Panoli was suffering from attention-deficit/ hyperactivity disorder (ADHD) and kidney related ailments. At least four cases have been registered against her.
The bench of Justice Partha Sarathi Chatterjee directed police to produce the case diary and the CD (content of the video posted by the accused on social media) on June 5 during the next hearing.
“The Garden Reach case shall be treated as the principal case against her. Proceedings on the remaining cases will be stayed. The state will ensure that no further FIRs are registered on the same set of allegations,” the bench stated.
Even as Singh sought an immediate interim bail, the court fixed the next hearing for Thursday saying: “Heaven will not fall”.
