Calcutta HC denies bail for Sharmistha Panoli; orders police to produce case diary
The Calcutta High Court single bench of Justice Parth Sarathi Chatterjee on Tuesday refused to grant interim bail to 22-year-old law student Sharmistha Panoli.
After Operation Sindoor, Panoli had allegedly posted an offensive video 'targeting individuals based on their identity'. After facing backlash, she deleted the video and issued an apology.
A student at Symbiosis Law School in Pune with nearly 2 lakh followers across social media platforms, Paloni was arrested in Gurugram on May 30. A Kolkata court subsequently remanded her to 14 days of judicial custody.
On Tuesday, the Calcutta High Court directed that a May 15 complaint filed at Garden Reach police station by Wajahat Khan be treated as the principal case, and all other FIRs based on similar grounds be stayed. The State has been ordered to produce the case diary and all collected materials before the court on June 5.
During the hearing, Justice Chatterjee remarked: 'A group of people in our country got hurt, leading to three or four cases. A section of the country is aggrieved. We have freedom of speech and expression, but that doesn't mean one can go on hurting others. This is a country of diversity, so one needs to be cautious before making such submissions.'
The next hearing is scheduled on Thursday.
Panoli's counsel argued in court that 'interim relief should be granted as Sharmistha and her family have cooperated with police, and she is unwell. The arrest is illegal.'
The counsel said, 'Whatever inquiry is required, the family and the girl are ready to cooperate. We don't even know under which case the FIR in Kolkata was filed. After the post, members of that community threatened the petitioner with dire consequences and outraged her modesty. She filed two complaints with the Kolkata cyber cell, but no action has been taken.'
Meanwhile, the State's counsel submitted, 'Notices were served to the girl, but there was no response, which led to the issuance of an arrest warrant.'
The High Court said, 'We are a country of remarkable diversity, with people from different cultures. One must be cautious before making any comments. The State should be allowed to present its case. The Court is inclined to review the materials collected by the State so far. The jail authorities must ensure that basic amenities are provided to her.'
State counsel Arko Kumar Nag told The Indian Express, '… The lower court had already refused bail. There was no (earlier) direction to produce the case diary… since this matter was served to us today, we will follow the court's orders.'
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