Introduction
Sharmistha Panoli, a 22-year-old law student and social media influencer based in Pune, was arrested by the Kolkata Police for sharing a video on Instagram that offended religious sentiments by passing derogatory comments against Islam and Prophet Muhammad. The video, which has since been removed, caused widespread outrage and threats. She was arrested despite offering an unconditional apology after allegedly evading police summons and was sent to judicial custody. The suit has sparked discussions on freedom of expression and legal examination of web content posted by influencers.
Background of the case
The controversy over Sharmistha Panoli, a 22-year-old Pune law student and social media influencer, started when she uploaded an Instagram video that was claimed to include derogatory comments about Islam and the Prophet Muhammad. The video was claimed to be in response to a question posed by a Pakistani follower on India’s reaction to the Pahalgam terror attack. Her words inspired public outrage, criticism, and threats. Although she deleted the video and posted an unconditional apology, Panoli was apprehended by the Kolkata Police in Gurugram on 30 May 2025, after allegedly dismissing several police summons, and was sent to judicial custody for 14 days.
The case has raised heated debate across the country regarding freedom of speech and online responsibility. While critics have accused her of hate speech, supporters have termed her arrest excessive and political. Some of the key political leaders, BJP MP Kangana Ranaut and Andhra Pradesh Deputy CM Pawan Kalyan, have criticized the arrest. The Bar Council of India also asked for her release immediately, labeling the move as an abuse of legal authority. The Kolkata Police justified their action, however, pointing towards the video’s capability to generate enmity and disturb public harmony.
Legal Proceedings of the Case
The judicial proceedings against Sharmistha Panoli, a 22-year-old Pune-based law student, have been as follows:
Filing of FIR and Arrest Warrant:
The complaint was filed on May 14, 2025, at the Garden Reach police station of Kolkata by Wajahat Khan, resulting in the filing of a First Information Report (FIR) against Panoli for allegedly using defamatory words against Islam and Prophet Muhammad in a video on Instagram. Later efforts by the police to deliver legal notices to Panoli and members of her family failed, as they could not be traced. As a result, an arrest warrant from a court was procured.
Arrest and Judicial Custody:
Panoli was arrested on May 30, 2025, by Kolkata Police from her house in Gurugram, Haryana. After arrest, she was taken to Kolkata on transit remand and presented before the Alipore Court. The court declined both the prosecution’s application for police custody and Panoli’s bail plea, sending her to judicial custody for 14 days till June 13, 2025.
Legal Charges:
Panoli has several charges framed against him under the Bharatiya Nyaya Sanhita, namely:
1. Section 196(1)(a): Inciting enmity between groups
2. Section 198: Willful and malicious acts with the intent to outrage religious feelings
3. Section 199: Intentional insult with intent to provoke breach of peace
4. Section 201: Statements conducing to public mischief
Defense and Public Reaction:
Panoli’s lawyers are set to present a petition for an early hearing to challenge her detention. The case has created heated discussion regarding freedom of expression and social media influencers’ responsibilities. Some public figures, as well as groups, have denounced the arrest as excessive, while others condone the legal action against her.
The hearing continues to captivate the country with its implications of balancing freedom of speech with social harmony in the Internet age.
Conclusion
The arrest of Sharmistha Panoli highlights the continuing struggle between freedom of expression and the limits of responsible speech in India’s online environment. Although the law aims to avoid publishing content that could provoke communal conflict, critics contend that arrests for online speech threaten to muzzle dissent and democratic debate. As the case progresses, it brings about the necessity of more stringent legal guidelines on social media behavior and more digital influencer awareness. Finally, it is a watershed moment to consider how a society finds equilibrium in upholding civil liberties while at the same time being socially responsible.
About the Author
Agnimitra is a law student at the Department of Law, Hazra Campus, Calcutta University, Kolkata, with a growing passion for legal writing and research. Deeply interested in Intellectual Property Law, International Law, and issues related to Women and Child Safety, Agnimitra enjoys exploring how the law modernizes itself to the changing times of society. Whether it’s through writing articles or diving into legal debates, Agnimitra is always eager to understand and share the evolving nuances of the legal world.