Kolkata Police Defends Arrest of Law Student Over Controversial Social Media Posts

Kolkata Police Clarifies Arrest of Law Student

On Sunday, the Kolkata Police emphasized that hate speech should not be confused with freedom of speech. This statement followed the arrest of a 22-year-old law student from Gurugram, whose social media posts regarding Operation Sindoor were deemed offensive to religious sentiments.

The individual, Sharmishta Panoli, is a fourth-year student pursuing business and law at a university in Pune. She had made the controversial remarks on Instagram but later removed the post and on X.

A complaint against Panoli was lodged at the Garden Reach Police Station in Kolkata on May 15. She was arrested on Friday and subsequently brought to Kolkata under a transit remand, where she was placed in judicial custody until June 13.

Her arrest has drawn criticism from various politicians, particularly from the Bharatiya Janata Party, who have questioned the legality of the action.

In response to claims circulating on social media that Panoli was unlawfully detained for opposing Pakistan, the Kolkata Police stated that such narratives are misleading. They affirmed that expressing national pride and patriotism is a fundamental right for all citizens and organizations.

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.

Expressing national pride and patriotism is a thing that every citizen and organisation…

— Kolkata Police (@KolkataPolice) June 1, 2025

The police reiterated that the case was initiated based on allegations that Panoli's video insulted religious beliefs, falling under the relevant sections of the Bhartiya Nyaya Sanhita. They asserted that her arrest was conducted lawfully in Gurugram.

According to the police, hate speech targeting any religious figure or community is a punishable offense under the newly enacted Bhartiya Nyaya Sanhita. They stressed that hate speech should not be mistaken for the freedom of expression guaranteed by Article 19(1)(a) of the Constitution.

The police added, “At a time when the nation is united and our brave citizens are defending our borders, sharing content that insults any group of citizens is reprehensible. Such actions only serve to aid our adversaries.”

They clarified that the arrest was not due to Panoli's expression of patriotism or personal beliefs, but rather for disseminating content that incites communal hatred. They urged everyone to act responsibly and avoid actions that could benefit enemies of the state.

On Saturday, the BJP's West Bengal unit chief, Sukanta Majumdar, criticized the arrest, labeling it as politically motivated. He claimed that there was no unrest or riots, yet the police acted swiftly for appeasement rather than justice.

Majumdar pointed out the lack of action against Trinamool Congress leaders who have insulted Sanatan Dharma, a term often used synonymously with Hinduism.

BJP leader Suvendu Adhikari remarked that only actions against those identifying as Sanatanis are being taken, as reported by a local media outlet.

Andhra Pradesh's Deputy Chief Minister, Pawan Kalyan, also commented on the situation, questioning the lack of outrage against TMC leaders who mock Sanatana Dharma.

Congress MP Karti P Chidambaram accused the Kolkata Police of misusing their powers, stating that inter-state arrests for social media posts should only occur if they lead to a law and order situation.

In contrast, Trinamool Congress MP Sagarika Ghose defended the police's actions, stating that Panoli directly insulted a religion. She emphasized that free speech does not encompass hate speech and that the police were fulfilling their duty.

The Kolkata Police had previously indicated that multiple attempts were made to to Panoli, but she and her family were untraceable. Following a court-issued arrest warrant, she was located and detained.

The first information report against her includes charges related to promoting enmity between groups, malicious acts intended to outrage religious feelings, and inciting public mischief.