Freedom of speech does not mean one can hurt others’ sentiments, says Calcutta HC
Times of India | 4 June 2025
12 Kolkata: Freedom of speech and expression did not mean one could hurt the sentiments of others, a Calcutta High Court vacation said on Tuesday while hearing a plea for interim bail moved by a South Kolkata woman arrested by Kolkata Police last week for allegedly posting a hate speech against a community on X.Justice Partha Sarathi Chatterjee did not give any immediate relief to the 22-year-old, a law student at a Pune institute, and refused to pass any interim bail order without going through the case diary."A group of people from our country got hurt by the comments made by the accused on social media. This case or incident gave rise to three or four cases. Admittedly, the sentiments of a section of people in our country have been hurt. We have freedom of speech and expression (but) that does not mean that you will hurt the sentiments of others. Our country is full of diversity, it has persons of various languages, castes and communities, all are co-existing," the HC said.The woman, in her interim bail plea, contended her arrest was illegal and continued detention for even an hour was taking a toll on her health because of her "ADHD (attention-deficit hyperactivity disorder) and kidney issues".The HC then asked the state to produce the case diary and kept the matter for hearing on Thursday. The HC also directed the correctional home authorities to provide the woman with all basic amenities given to other inmates and ensure she was not harassed.Counsel D P Singh, pleading the woman's case, read out the Garden Reach Police Station FIR and contended its contents did not make out a case of cognisable offence. A crowd had assembled outside her Kolkata home and there were sexually explicit messages — plus a threat to behead her — on social media after the May 15 FIR registered for her post, which "she took down on May 8". "Her father had to shift the family to another city," the lawyer said. He informed the court that the woman and her father had visited the nearby police station on two occasions — May 15 and May 17 — seeking protection, prior to relocating to Gurugram.Senior lawyer and Trinamool MP Kalyan Bandopadhyay, representing the state, responded by saying she should have kept the possible consequences in mind when she posted her comments on X. All legal processes were followed and the student was arrested based on a warrant issued by a competent court, he said, asking: "Her bail plea was heard and rejected by a criminal court. How can she appeal to a writ court (the HC) bypassing everything else?"Justice Chatterjee, taking note that four FIRs had been filed against her, asked the state to take up the Garden Reach case as the principal case and not take any action in the other complaints.Cops arrested the social media influencer from Gurugram on May 30 based on a complaint at the Garden Reach PS. She was produced before a Kolkata court, which remanded her to judicial custody till June 13.Kolkata: Freedom of speech and expression did not mean one could hurt the sentiments of others, a Calcutta High Court vacation said on Tuesday while hearing a plea for interim bail moved by a South Kolkata woman arrested by Kolkata Police last week for allegedly posting a hate speech against a community on X.Justice Partha Sarathi Chatterjee did not give any immediate relief to the 22-year-old, a law student at a Pune institute, and refused to pass any interim bail order without going through the case diary."A group of people from our country got hurt by the comments made by the accused on social media. This case or incident gave rise to three or four cases. Admittedly, the sentiments of a section of people in our country have been hurt. We have freedom of speech and expression (but) that does not mean that you will hurt the sentiments of others. Our country is full of diversity, it has persons of various languages, castes and communities, all are co-existing," the HC said.The woman, in her interim bail plea, contended her arrest was illegal and continued detention for even an hour was taking a toll on her health because of her "ADHD (attention-deficit hyperactivity disorder) and kidney issues".The HC then asked the state to produce the case diary and kept the matter for hearing on Thursday. The HC also directed the correctional home authorities to provide the woman with all basic amenities given to other inmates and ensure she was not harassed.Counsel D P Singh, pleading the woman's case, read out the Garden Reach Police Station FIR and contended its contents did not make out a case of cognisable offence. A crowd had assembled outside her Kolkata home and there were sexually explicit messages — plus a threat to behead her — on social media after the May 15 FIR registered for her post, which "she took down on May 8". "Her father had to shift the family to another city," the lawyer said. He informed the court that the woman and her father had visited the nearby police station on two occasions — May 15 and May 17 — seeking protection, prior to relocating to Gurugram.Senior lawyer and Trinamool MP Kalyan Bandopadhyay, representing the state, responded by saying she should have kept the possible consequences in mind when she posted her comments on X. All legal processes were followed and the student was arrested based on a warrant issued by a competent court, he said, asking: "Her bail plea was heard and rejected by a criminal court. How can she appeal to a writ court (the HC) bypassing everything else?"Justice Chatterjee, taking note that four FIRs had been filed against her, asked the state to take up the Garden Reach case as the principal case and not take any action in the other complaints.Cops arrested the social media influencer from Gurugram on May 30 based on a complaint at the Garden Reach PS. She was produced before a Kolkata court, which remanded her to judicial custody till June 13.