Shamishta Panoli, a 22-year-old law student who was arrested for allegedly making derogatory remarks about the Muslim community on Instagram, was granted temporary bail by the Calcutta High Court on Thursday.
During a bench hearing on vacation, Justice Raja Basu Chowdhury issued the order. On behalf of the State, Advocate General Kishore Datta asked that the regular bench hear the case. “A different person may be sitting today, but that doesn’t change the situation,” the judge said.
Despite an attempt at notice on May 18, Datta contended that Panoli was not at home. He claimed that the arrest was legal and that all protocols had been followed. “The warrant does not disclose any grounds,” the Court noted.
Datta referenced a Supreme Court decision that said an arrest could be justified based only on a warrant. He asked if, after the accused is in judicial custody, the writ court should grant bail.
Panoli was represented by Senior Advocate DP Singh, who contended that the FIR was unlawful in and of itself because the post failed to disclose any offense that could be prosecuted. “Her post was aimed at a Pakistani girl,” he said. She is a student of law. She would have practiced law.
For a video she uploaded on May 14 answering a query about India’s military response to the Pahalgam attack, Panoli was taken into custody in Gurugram on May 30. Online indignation erupted after she allegedly made disparaging remarks about Islam and Prophet Muhammad. Later, she apologized on X and removed the video.
Justice Partha Sarathi Chatterjee stated earlier this week that in a country as diverse as India, people should exercise caution when making comments. Additionally, the court ordered that no new FIRs be brought against her for the same video.
