Sharmishta Panoli’s lawyer says they are trying to secure her bail before June 13. He highlights her poor health, unhygienic jail conditions, and denial of basic rights.
Kolkata, West Bengal: Instagram influencer and law student Sharmishta Panoli, who was recently arrested by the Kolkata Police for allegedly posting a video with communal remarks related to Operation Sindoor, is facing serious health and human rights concerns at the Alipore Women’s Correctional Home, her advocate, Md Samimuddin, said on Monday.
The 22-year-old influencer is reportedly unwell and suffering from kidney stones, while also being denied access to basic necessities.
Her lawyer stated that the hygiene conditions around her are poor and that she has been deprived of reading materials like newspapers and magazines. In response, they have filed a petition in court seeking urgent relief and access to her basic rights.
Md Samimuddin told reporters,
“At Alipore women’s correctional home, proper hygiene is not being maintained around her, and she is unwell. She has kidney stones. She is not being given access to newspapers and magazines. Today, we have filed a petition in the court so that she gets access to her basic rights… Sharmistha is innocent. We are trying our best to get out on bail.”
He also emphasized their legal strategy, stating,
“We are trying our best to get her out of jail before June 13. We will sit down on the matter today and discuss it. We will take a call in one or two days about what we will do.”
Sharmishta Panoli was arrested from Gurgaon after allegedly evading multiple notices issued under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
This section allows arrest without warrant under specific legal circumstances.
The Kolkata Police clarified that the arrest was made following due legal process, including a court-issued warrant, transit remand, and her eventual judicial custody.
In an official statement posted on Facebook, Kolkata Police stated,
“Kolkata Police acted lawfully according to the procedure established by law. 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.”
They further said,
“The case was duly investigated and adhering to legal procedures, several attempts were made to serve notice u/s 35 of BNSS to the accused but every time she was found absconding.”
the post added,
“Consequently a warrant of arrest was issued by the competent court, following which she was apprehended lawfully from Gurgaon during day time. She was thereafter produced before the appropriate Magistrate and was granted transit remand as per due process of law. Later the court sent her to judicial custody,”
Refuting allegations circulating on social media, the police clarified:
“Some social media accounts are spreading false information that Kolkata Police has unlawfully arrested a law student for opposing Pakistan. This narrative is mischievous and misleading.”
A case was lodged against Panoli at the Garden Reach Police Station on May 15, based on allegations that her video insulted the religious beliefs of a community and promoted disharmony.
The FIR has been registered under relevant sections of the Bhartiya Nyaya Sanhita (BNS), including charges for promoting enmity between groups, intentional insult, and provocation with intent to breach peace.
The Kolkata Police also noted that hate speech and abusive content do not qualify as free speech under Article 19(1)(a) of the Indian Constitution and urged people to behave responsibly and avoid actions that “benefit our enemies.”
Meanwhile, Sharmishta Panoli’s bail petition has been rejected, and she will remain in judicial custody till June 13, pending further hearings.
Reacting to the arrest, BJP West Bengal President Sukanta Majumdar criticized the police’s swift action, calling it politically motivated.
In his statement, he said,
“Sharmistha Panoli, 22, a law student, arrested for a now-deleted video and a public apology. No riots. No unrest. Yet Mamata Banerjee’s police acted overnight — not for justice, but for appeasement. But when TMC leaders insult Sanatan Dharma… mock Maha Kumbh and push communal poison — there’s no FIR, no arrest, no apology. This is not justice. This is vote-bank vendetta.”
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