Calcutta High Court Denies Interim Relief To Sharmistha Panoli In Offensive Video Case, Directs State To File Case Diary At Next Hearing

The Calcutta High Court, on Tuesday, refused to grant ad-interim bail to law student Sharmistha Panoli. In her appeal, Panoli also challenged the remand order passed by the Trial Court, in which she was remanded to 14 days in judicial custody. She had made an allegedly offensive video, targeting people over their religious identity in light of Operation Sindoor.

Panoli, a student at Symbiosis Law School, had allegedly posted blasphemous remarks against Prophet Mohammad on Instagram and X (formerly Twitter). Panoli, after receiving backlash over the statements, deleted the blasphemous content and published an apology on the social media platform 'X', but was arrested in Gurugram. An FIR was registered against her on May 15, 2025 and warrants were issued just two days later on May 17, 2025.

Panoli's counsel argued that her arrest was illegal since the offences disclosed in the FIR were non-cognisable and that she had not been served any notice before arrest, which would have been mandatory under the BNSS.

State counsel argued that notice had been issued, but could not be served since Panoli and her family had 'fled' to Gurgaon. It was argued that after arresting her in Gurgaon, the Kolkata Police had presented her before the magistrate who allowed a three-day remand, after which she was brought to Kolkata. It was also stated that her bail plea before the trial court had been considered and denied.

In denying interim relief to the law student, Justice Partha Sarathi Chatterjee posted the matter before the next vacation bench and observed:

"This video was made in social media, it was heard, this incident has led to a section of peoples 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."

Case:  SHAMISHTA PANOLI @ SHARMISHTA PANOLI RAJ VS STATE OF WEST BENGAL AND ORS

Case No: WPA/12361/2025

Click here to read order