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Instagram influencer Sharmishta Panoli's lawyer claims poor hygiene in Kolkata jail: ‘She has kidney stones’
Instagram influencer Sharmishta Panoli, arrested for communal comments, is reportedly unwell and lacking hygiene at Alipore women's correctional home.
Instagram influencer Sharmishta Panoli, arrested by Kolkata Police for allegedly posting a video with communal remarks related to Operation Sindoor, is unwell and lacking proper hygiene at the Alipore women’s correctional home, her advocate Md Samimuddin claimed on Monday.
The advocate said Sharmishta Panoli, 22, has filed a petition in court seeking access to her basic rights. He added that she is suffering from kidney stones, and she has not been given basic amenities such as access to newspapers and magazines in the correctional home.
Also Read | Why was Sharmistha Panoli arrested? Kolkata Police's clarification amid row
“At Alipore women's correctional home, proper hygiene is not being maintained around her, and she is unwell. She has kidney stones. She is not being given access to newspapers and magazines. Today, we have filed a petition in the court so that she gets access to her basic rights... Sharmistha is innocent. We are trying our best to get out on bail,” news agency ANI quoted Md Samimuddin as saying.
“We are trying our best to get her out of jail before June 13. We will sit down on the matter today and discuss it. We will take a call in one or two days about what we will do,” he added.
Also Read | Influencer’s arrest over Operation Sindoor post triggers row
The Kolkata Police had arrested the woman for allegedly uploading a video with communal comments, claiming Bollywood actors were silent on Operation Sindoor.
Kolkata Police defends Sharmishta Panoli's arrest
The Kolkata Police has also dismissed criticisms that they have "unlawfully" arrested a 22-year-old female Instagram influencer, and claimed that all legal procedures were followed.
"Kolkata Police acted lawfully according to the procedure established by law. The accused was not arrested for expressing patriotism or for personal belief; legal actions were taken for sharing offensive content which promotes hatred among the communities," Kolkata Police posted on Facebook on Sunday.
Also Read | Bar Council chief backs influencer Sharmistha Panoli, calls arrest ‘absolute failure of justice’
"The case was duly investigated and adhering to legal procedures, several attempts were made to serve notice u/s 35 of BNSS to the accused but every time she was found absconding," the Kolkata Police stated.
"Consequently a warrant of arrest was issued by the competent court, following which she was apprehended lawfully from Gurgaon during day time. She was thereafter produced before the appropriate Magistrate and was granted transit remand as per due process of law. Later the court sent her to judicial custody," it said.
Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the circumstances under which police officers can arrest a person without a warrant or court order.
"Some social media accounts are spreading false information that Kolkata Police has unlawfully arrested a law student for opposing Pakistan. This narrative is mischievous and misleading," the Kolkata Police added.
A case against the woman was lodged at the Garden Reach Police Station on May 15 based on allegations that she posted a video that Kolkata Police claimed: "was insulting to the religious belief of a class of citizen of India and amounted to promoting disharmony and hatred between different communities".
The case was registered under the appropriate section of Bhartiya Nyaya Sanhita (BNS).
The Kolkata Police stated that hate speech and abusive language should not be misconstrued as freedom of speech and expression as enshrined in Article 19(1)(a) of the Constitution. They further urged all "concerned to act responsibly and refrain from doing anything that would benefit our enemies."
Sharmishta Panoli, booked under relevant sections for promoting enmity between different groups, malicious acts intended to outrage religious feelings, apart from intentional insult, provoking breach of peace, has been sent to judicial custody till June 13 after her bail petition was rejected by a Kolkata court.
BJP West Bengal president Sukanta Majumdar criticised the Kolkata Police for their "overactiveness" in arresting the woman for allegedly posting the video.
The BJP leader has alleged that the arrest was made "not for justice, but for appeasement" keeping in mind the "vote-bank vendetta".
"Sharmistha Panoli, 22, a law student, arrested for a now-deleted video and a public apology. No riots. No unrest. Yet Mamata Banerjee's police acted overnight — not for justice, but for appeasement. But when TMC leaders insult Sanatan Dharma… mock Maha Kumbh and push communal poison — there's no FIR, no arrest, no apology. This is not justice. This is vote-bank vendetta," Majumdar posted.
(With inputs from PTI)
