Kolkata High Court Grants Interim Bail to Sharmistha Panoli
The Kolkata High Court has granted interim bail to Sharmistha Panoli, a 22-year-old law student and social media influencer. Justice Raja Basu's bench granted bail on Wednesday, subject to certain conditions. The court has prohibited Panoli from leaving the country without the permission of the Chief Judicial Magistrate (CJM) and has ordered her to deposit a bail bond of ₹10,000.
Key Conditions of Bail
The court explicitly stated that Sharmistha Panoli cannot leave India without the CJM's permission. Furthermore, the Kolkata Police have been instructed to take appropriate action on security complaints filed by Panoli. Panoli had claimed to have received threats following her social media posts, a matter the police are to address.
The court's conditions also stipulate that the main case filed against Panoli at Garden Reach Police Station will proceed, while other cases are temporarily stayed. The court has prioritized the main case.
High Court's Clarification on Freedom of Expression and Arrest
During the hearing on Panoli's bail plea, the High Court clarified that freedom of expression does not extend to hurting religious or social sentiments. The court also explained that police have the right to arrest even if the punishment for an offense is less than seven years.
The bench clarified its decision, stating that under Section 35 of the Indian Penal Code, police have the power to arrest, and this must be understood. The court emphasized the need for caution when commenting on social media, given the diverse religious, caste, and community makeup of the country.
Increased Security Concerns Following Social Media Posts
Sharmistha Panoli informed the court that she had received threats following some of her social media posts. She had filed a complaint seeking security, and the High Court has directed the Kolkata Police to take appropriate action.
Court's Clear Decision and Further Proceedings
The court has determined that the main case against Sharmistha Panoli will proceed at the Garden Reach Police Station, while all other cases are temporarily stayed. This prioritization ensures that her primary case will be handled efficiently and expeditiously, facilitating a quicker path to justice.
The court also reiterated that the police have the authority to make arrests in any case and that maintaining law and order is crucial.
Sharmistha Panoli's Case
Sharmistha Panoli is a young law student and social media influencer. She is accused of hurting religious or social sentiments through some of her posts. Subsequent complaints were filed against her at various police stations, leading to the legal challenges she has faced.