Pune law student Sharmistha was arrested by Kolkata Police in Delhi over a viral video allegedly containing hate speech against Prophet Muhammad, sparking nationwide debates on free speech, religion, and selective law enforcement in India.
The Kolkata Police arrested Sharmistha Panoli, a fourth-year law student from Symbiosis Institute in Pune, at her home in Delhi on May 30, 2025.
This arrest was made due to alleged derogatory remarks she made in a now-deleted social media video, leading to accusations of blasphemy from Islamist groups.
The arrest has ignited debate and claims of illegality, as it was carried out without prior legal notice, according to sources familiar with the situation.
A Delhi magistrate later granted a transit remand, enabling the Kolkata Police to take Panoli into custody for transfer to Kolkata on the morning of May 31, 2025.
The incident originated from a video Panoli posted on May 14, 2025, in response to a question from a Pakistani follower regarding India’s military actions after the Pahalgam terror attack. The video reportedly included inflammatory and derogatory comments about Islam and Prophet Muhammad (PBUH), quickly going viral and resulting in a strong criticism, including death and rape threats aimed at Panoli.
The hashtag #ArrestSharmishta gained traction on X, with many netizens particularly from the Muslim community, calling for severe action against her.
Panoli publicly apologized on X, stating,
“I do hereby tender my UNCONDITIONAL APOLOGY whatever was put are my personal feelings and i never intentionally wanted to hurt anybody so if anybody is hurt I’m sorry for the same. I expect co-operation and understanding. Henceforth, i will be cautious in my public post. Again please accept my apologies.”
She also removed the controversial video. In a separate post, Panoli clarified that her comments were a response to trolling and threats from “Radical Pakistani terrorists,” emphasizing her patriotism by stating, “Mere liye mera desh pehle aata hai” (My country comes first for me).
Despite her apology, Maharashtra Police registered an FIR against Panoli on May 20, 2025, under sections 196 (promoting hatred or enmity between religious communities), 299 (deliberate and malicious act intended to outrage religious feelings), and 353 (public mischief) of the Bharatiya Nyaya Sanhita (BNS).
The situation escalated when Waris Pathan, a leader of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), publicly called for her arrest, stating,
“No Muslim will tolerate abusive words about our Prophet.”
According to posts on X, Kolkata Police arrived at Sharmistha Panoli’s residence in Delhi on May 30, 2025, and arrested her without prior legal notice or a warrant at the time. This lack of transparency in the arrest process has led to accusations of illegality, with some netizens and supporters claiming it amounted to treating “a young girl like a terrorist.”
A Delhi magistrate approved the transit remand at 7:30 p.m. on the same day, allowing the Kolkata Police to take Panoli into custody and transport her to Kolkata for further legal proceedings. Users on X have argued that the process violated established legal protocols.
The Delhi High Court previously highlighted the necessity of providing written grounds for arrest, enabling the accused to seek legal recourse, as mandated in a ruling from November 2024. Additionally, the Supreme Court’s guidelines in cases like Arnesh Kumar v. State of Bihar (2014) and Joginder Kumar v. State of UP (1994) stress that arrests must be justified with reasonable cause, and that magistrates should scrutinize these grounds before approving remand. The failure to provide prior notice and the late-night approval of the transit remand raise concerns about adherence to these guidelines.
The arrest has created a polarized debate on X and other platforms. Supporters of Panoli, such as @VigilntHindutva and @devdebunks, argue that she was unfairly targeted for expressing patriotic sentiments during a period of heightened India-Pakistan tensions.
They contend that her apology and the removal of the video should have sufficed, with @devdebunks suggesting that the arrest is an attempt to suppress nationalist voices. On the other hand, users like @Ind_SpeakMuslim and @eEliteMale have celebrated the arrest as a victory for justice, asserting that “blasphemy” and hate speech cannot be tolerated. Waris Pathan’s vocal demand for Panoli’s arrest has attracted particular scrutiny, with some users on X, including the original poster, holding him “totally responsible” for the outcome.
Panoli’s family has pledged to fight the case in court, asserting that she is “paying the price for standing by the country.”
The Supreme Court has previously held police and magistrates accountable for breaching arrest protocols, as seen in a 2024 case where a Gujarat police inspector and magistrate were found guilty of contempt for ignoring a court order. This situation also highlights big question surrounding free speech, religious sensitivities, and the role of social media in amplifying controversies. Supporters of Panoli argue that her remarks, while offensive, were a reaction to provocation, and that her apology should mitigate any punitive measures.
Panoli is expected to be presented before a Kolkata court on May 31, 2025, where further legal proceedings will outline the case’s direction. Her legal team will likely challenge the legality of the arrest, citing procedural irregularities and the context of her apology. Meanwhile, the case continues to trend on X, with hashtags like #ReleaseSharmishta and #ArrestSharmishta reflecting the divided public sentiments.
India lacks a dedicated blasphemy law, but Section 295A of the IPC, now included in the BNS as Section 299, serves a similar purpose. Enacted in 1927, it penalizes “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs” with up to three years imprisonment, a fine, or both.
The Supreme Court upheld its constitutionality in Ramji Lal Modi v. State of UP (1957), arguing that it addresses severe insults that disrupt public order, thus constituting a reasonable restriction under Article 19(2) of the Constitution. Since the high-profile Nupur Sharma case in 2022, there has been an increase in demands from Islamist groups, often led by religious leaders, for legal action against alleged blasphemers, frequently accompanied by protests and, in some instances, mob violence.
According to the report, protests against the amendments to the Waqf Act began on April 4 throughout the Jangipur police district in Murshidabad and escalated into violence starting April 8.