New Delhi: In a move raising serious concerns about selective policing and suppression of speech, Kolkata Police on Friday arrested Sharmistha Panoli, a fourth-year law student from Pune’s Symbiosis Institute, from her Gurugram residence without prior notice.
Her arrest stems from a now-deleted social media video in which she allegedly made derogatory remarks about the founder of Islam, remarks she had already apologised for.
The context? A Pakistani troll had mocked India’s Operation Sindoor, prompting her to respond.
Prominent social media voice Subhi Vishwakarma exposed the arrest in a scathing post, calling it an overreach and warning of its wider implications.
“Last night, Sharmistha... was arrested by Kolkata police in Delhi without prior notice... Her crime? Responding with frustration, admittedly with foul language, to a Pakistani troll questioning India’s Operation Sindoor,” she wrote.
She noted she had deleted the video and issued a public apology, but that did not stop her from being targeted and arrested.
At the centre of this controversy is the continued misuse of Section 295A of the IPC, an archaic colonial law that criminalises “deliberate and malicious acts” intended to outrage religious feelings.
While the Supreme Court has clarified that the section should apply only when there is clear malicious intent that disrupts public order, authorities continue to invoke it to appease social media mobs and pressure groups.
The arrest draws chilling parallels with past instances of similar overreach, particularly the case of former BJP spokesperson Nupur Sharma, who also faced criminal proceedings, death threats, and political isolation for her comments on the Prophet in 2022.
In Sharmistha’s case, it was not just trolls but even AIMIM leader Waris Pathan who publicly called for her arrest, fuelling the online #ArrestSharmishta campaign and triggering rape and death threats against the young woman.
What makes the episode even more disturbing is the sheer disparity in treatment. Unlike Sharma, who had political backing and legal support, Sharmistha is a student with limited resources.
Her arrest was not only abrupt but also procedurally questionable, no notice, no warning, no legal aid at the time of detention.
The fact that Kolkata Police, working under Mamata Banerjee’s government, acted so swiftly under social media pressure raises uncomfortable questions about free speech and due process in the country.
Is the state selectively cracking down on individuals to cater to communal sentiments and suppress dissenting voices?
Sharmistha is scheduled to appear before a Kolkata court on May 31, 2025. Her legal team is expected to challenge the procedural irregularities and fight for her release.
RSS veteran Ratan Sharda reacted strongly to the development, drawing direct parallels with the treatment of Nupur Sharma. “Another victim of truth like @NupurSharmaBJP? Where will this episode end? I am apprehensive,” Sharda posted, echoing a rising concern that the space for rational, even if impassioned, speech is rapidly shrinking.
Importantly, Sharmistha’s remarks were not made in a vacuum, they came in direct response to a Pakistani provocation following Operation Sindoor, a precision strike launched by the Indian Armed Forces on May 7, 2025.
The operation had targeted terrorist bases in Bahawalpur and Muridke, decimating key infrastructure of groups like Jaish-e-Mohammed and Lashkar-e-Taiba after the Pahalgam terror attack.
That a Pakistani troll’s provocation led to an Indian citizen’s arrest is a disturbing commentary on whose sensitivities are being prioritised in India today.
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