The Calcutta High Court on Tuesday rejected the bail plea of Sharmistha Panoli, arrested for alleged offensive content by the Kolkata Police, saying “heavens will not fall.”
Hearing a plea challenging the trial court’s remanding her to 14-day judicial custody, Justice Partha Sarathi Chatterjee of the Calcutta high court directed the state government to furnish the case diary and the case will be heard by a vacation bench.
“This video was made on social media, it was heard. This incident has led to a section of people’s sentiment being hurt. We have freedom of speech but that doesn’t mean you will go on to hurt others. Our country is diverse, with all persons. We must be cautious. So day after tomorrow. Heavens will not fall,” said Justice Chatterjee rejecting an appeal for interim bail.
The petitioners counsel had informed the high court that she is a student with attention deficit and hyperactivity disorder and staying in jail is a problem for her.
The 22-year-old Panoli was arrested from Gurugram by the Kolkata Police over social media videos in which she allegedly used abusive and communally charged words in the aftermath of Operation Sindoor, India’s offensive against Pakistan-based alleged terror camps.
A trial court had on Sunday remanded Panoli to14 days judicial custody. Her counsel had alleged that she was being denied basic amenities at the correctional home.
At the Calcutta high court, Panoli’s counsel questioned why the Bengal government was engaged in witch-hunting?
“Does the FIR disclose as offence? What is a blasphemous comment? This doesn’t disclose a cognizable offence,” said Panoli’s counsel. He also informed the HC that the post was taken down immediately.
The petitioner’s counsel also claimed a threat to her life, which forced the Kolkata-based family to move to Gurugram.
“There was a crowd outside her house. People are threatening her outside her house. Due to the threat perception, the family went to Gurugram and switched off the phone because of the dirty messages,” the lawyer said.
Appearing on behalf of the Bengal government, senior advocate and Serampore MP Kalyan Banerjee said every procedure was followed. “A case was registered under section 196(1)a, 299, 352, 353(1)c because her video hurt religious faith. The notice could not be served since the flat was locked. They were arrested from Gurugram and brought here on transit remand,” Banerjee said.
Banerjee also requested the HC to allow the state to file an affidavit.
“In the meantime jail authorities shall ensure she receives all amenities,” Justice Chatterjee said.
