As BJP and other leaders questioned the arrest of 22-year-old content creator Sharmishta Panoli for her controversial social media post, the Kolkata Police on Sunday defended its action, saying “hate speech should not be misconstrued as freedom of speech”.
In a post, the Kolkata Police said: “Hate speech targeting any religious figure or community or any class of citizens of India which has the potential to incite disharmony and hatred between different communities is a punishable offence in the newly implemented Bhartiya Nyaya Sanhita.”
“Hate speech and abusive language should not be misconstrued as freedom of speech & expression as enshrined in Article 19(1)(a) of the Constitution,” the Kolkata Police added.
Claiming that “mischievous and misleading narrative” is being built against the arrest, the Kolkata Police said: “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 stands for. Kolkata Police being no different, stands firmly with the citizens of India.”
“At the time when the whole country stood united and our brave citizens were fighting at the frontier, posting such content on social media which is insulting and demeaning to any class of citizens of India is the most abominable act. Any such act will only benefit our enemies. Kolkata Police acted lawfully according to the procedure established by law,” it added.
“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,” the Kolkata Police added.
Laying out the sequence of events leading to Panoli’s arrest, the police said: “The case was registered under the appropriate sections of Bhartiya Nyaya Sanhita. The case was duly investigated. adhering to legal procedures. Several attempts were made to serve notice u/s 35 of BNS to the accused but every time she was found absconding. Consequently, a warrant of arrest was issued by the competent court, following which she was apprehended lawfully from Gurgaon during day time.”
Panoli was arrested from Gurgaon, Haryana, by the Kolkata Police on Friday for allegedly hurting religious sentiments with her remarks on Operation Sindoor. She was brought to Kolkata on transit remand and remanded to judicial custody till June 13.
Earlier, the BJP, while distancing itself from the controversial social media post, questioned the action of the Kolkata Police to arrest her. Accusing the state police of not acting against TMC leaders who, according to the main opposition party, “insulted Sanatan Dharma and mocked Hindus”, the BJP said the TMC government in the state was doing “appeasing politics” for minority votes.
“Sharmishta Panoli, 22, 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, call Jai Shri Ram a gaali, mock Maha Kumbh, and push communal poison — there’s no FIR, no arrest, no apology. This is not justice. This is vote-bank vendetta,” state BJP president and Union Minister Sukanta Majumdar posted on X.
Speaking to mediapersons, Leader of Opposition in Assembly Suvendu Adhikari said: “Action is taken only on Sanatanis. I do not want to comment on what the girl has said, but what these people (TMC) are doing is appeasement politics of a particular community, who are their vote bank.”
“FIRs should be registered against (TMC MP) Mahua Moitra… Their MP Sayani Ghosh. So many FIRs were filed against (TMC minister) Firhad Hakim, but no action was taken,” Adhikari said, referring to TMC leaders’ social media posts and remarks in the past that had sparked controversies.
The TMC, on the other hand, defended the police action, saying “freedom of speech doesn’t allow hate speech”.
Speaking to The Indian Express, TMC Rajya Sabha member Sagarika Ghose said, “Free speech doesn’t allow hate speech. She (Panoli) has directly abused a religion. The Kolkata Police was acting on a warrant that they were duty bound to execute. The notice was served, but the family was absconding. The Kolkata Police just did duty.”
Meanwhile, Congress MP Karti P Chidambaram in a post on his X handle accused the Kolkata Police of “blatant misuse of police powers”.
“These inter-state arrests for social media posts (unless it’s clearly demonstrated that it has led to a law & order situation) are blatantly a misuse of police powers,” the Congress MP wrote.
Deputy Chief Minister of Andhra Pradesh Pawan Kalyan also questioned the action of Kolkata Police. “Blasphemy must be condemned, always! Secularism isn’t a shield for some and a sword for others. It must be a two-way street. West Bengal Police, the nation is watching,” the actor-politician said.
The NDA partner and Janasena Party chief added: “The West Bengal Police swiftly acted, taking action against Sharmishta (Panoli). But what about the deep, searing pain inflicted upon millions when elected leaders, MPs of TMC, mock Sanatana Dharma? Where is the outrage when our faith is called ‘Gandha Dharm’? Where is their apology? Where is their swift arrest?”
Panoli, a student of Pune’s Symbiosis International University, has a sizeable social media following – almost 85,000 followers on X and 90,000 on Instagram. After her controversial post on X and Instagram, which she later deleted, several people, including AIMIM’s national spokesperson Waris Pathan, alleged that she had insulted religious sentiments and tried to spread communal disharmony.
Panoli has been booked under sections 196(1) (a) promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, or community, 299 (deliberate and malicious acts intended to outrage the religious feelings of any class of citizens), 352 ( intentional insult with the intent to provoke a breach of peace), 353(1)(c) (statements that incite public mischief) of the Bharatiya Nyaya Sanhita.