Abusive words not freedom of speech: Kolkata cops defend Sharmistha Panoli arrest

Amid mounting criticism over the arrest of 22-year-old influencer Sharmishtha Panoli for her social media post on Operation Sindoor, the Kolkata Police on Sunday issued a detailed clarification defending its action and asserting that hate speech and abusive language "should not be misconstrued as freedom of speech and expression".

Rejecting allegations that Panoli was arrested for expressing patriotism or opposing Pakistan, the police said the case against her was based on serious charges of promoting enmity and inciting communal hatred through a now-deleted video. "This narrative is mischievous and misleading," it said in a statement, responding to social media claims that the arrest was unlawful and politically motivated.

The police made it clear that while national pride is respected and supported, content that insults or demeans any class of Indian citizens - particularly in times of national unity - would face legal consequences.

"At a 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 a most abominable act. Any such act will only benefit our enemies," the Kolkata Police stated.

Sharmishtha Panoli, a law student and social media influencer, was arrested late Friday night (May 30) in Gurugram, and brought to Kolkata, where she was produced before a magistrate and sent to 14-day judicial custody. The arrest followed a complaint lodged at Garden Reach Police Station on May 15, accusing her of posting a video that allegedly insulted religious sentiments and promoted disharmony.

In the video, Panoli had criticised Bollywood actors - particularly Muslim stars - for staying silent on Operation Sindoor, a military strike targeting terror camps in Pakistan-occupied Kashmir. The video, in which she used abusive language and made communal remarks, drew strong backlash online and was later deleted. Panoli also issued an apology.

However, the police said a case had already been registered under multiple sections of the newly implemented Bharatiya Nyaya Sanhita (BNSS).

The police said that several attempts were made to serve Panoli a notice under Section 35 of BNSS, but "every time she was found absconding". A warrant was subsequently issued by the court, and she was detained lawfully in Gurugram. She was granted transit remand before being sent to judicial custody in Kolkata.

Firmly pushing back against claims that Panoli was arrested for opposing Pakistan, the police said, "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 statement also stressed that Kolkata Police stands with citizens and supports expressions of national pride, but reiterated that communal speech cannot be shielded under free expression.

"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," the statement read.

"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 Bharatiya Nyaya Sanhita," the police added.

He further questioned whether the same legal standards would be applied to Chief Minister Mamata Banerjee, who he accused of making divisive statements in the past.

"This reflects how a young Hindu woman is being targeted to appease a vote bank. Justice must not be politically convenient. India is watching," he added.

In its statement, the Kolkata Police called for restraint and responsibility on social media. "We urge all concerned to act responsibly and refrain from doing anything that would benefit our enemies," the statement read.