Hate speech gets us nowhere: Top court halts Wajahat Khan's arrest outside Bengal

Kolkata,UPDATED: Jun 23, 2025 23:59 IST

The Supreme Court on Monday stayed the arrest of Wazahat Khan, the main complainant in the case against social media influencer Sharmistha Panoli, in all FIRs registered against him outside West Bengal.

Sankhajit Lal Mitra, Khan’s advocate, told India Today, “All the FIRs have been stayed by the honourable Supreme Court. The apex court has also said, no coercive action can be taken against him until further order.”

A bench of Justices KV Viswanathan and N Kotiswar Singh passed the interim order and issued notices to the Union government and the states of Assam, Delhi, Haryana, and West Bengal, asking them to respond to Khan’s plea seeking consolidation of FIRs registered against him in multiple states. The matter will now be heard on July 14.

During the hearing, Justice Viswanathan made strong oral observations on the nature of Khan’s posts. “There’s a famous Tamil saying, a wound inflicted by fire may heal, but not a wound inflicted with tongue,” he said. The judge also remarked, “These hate speeches lead us nowhere,” and said that incitement to violence need not always be physical, it can be verbal too. “Does it have to be physical violence? Or can it be verbal also? It need not be just physical violence,” he added.

Wazahat Khan has been booked in various states for allegedly posting content on social media that incited hatred and communal disharmony. He is already in police custody in one FIR and in judicial custody in another, both filed in West Bengal.

The Kolkata police arrested Khan on June 9 based on the FIR filed there. However, police from other states such as Assam, Maharashtra, and Haryana also sought to take his custody due to similar FIRs registered against him in their jurisdictions.

Khan’s lawyers informed the court that the FIRs filed against him were in retaliation to his complaint against influencer Sharmistha Panoli, who was arrested for allegedly hurting religious sentiments through a video posted after Operation Sindoor. Panoli was later granted interim bail by the Calcutta High Court.

Expressing concern over Khan’s remarks, the court said, “We’re worried about where this is heading,” and observed that such statements cannot be protected under Article 19(1)(a) of the Constitution. Justice Viswanathan also remarked, “All hate-mongering,” after hearing that Khan had deleted the posts and apologised before the FIRs were registered.

Senior Advocate Dama Seshadri Naidu, appearing for Khan, told the court that Khan is “perhaps reaping what he has sown” and is only seeking consolidation of FIRs. He clarified that Khan has already apologised and is cooperating with the investigation.

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With inputs from ANI and LiveLaw.