"Selective Justice or Necessary Enforcement? The Sharmistha Panoli-Wajahat Khan Controversy and the Legal Storm Around Free Speech in India"
In a nation as diverse as India, the principles of freedom of speech and religious harmony often find themselves in uneasy tension. This friction has once again taken center stage in a high-profile legal saga involving law student and social media influencer Sharmistha Panoli and Kolkata resident Wajahat Khan. What began as a legal complaint against communal remarks has spiraled into a multilayered controversy featuring counter-FIRs, political accusations, police chases across states, and a broader debate on whether the law is being enforced evenly—or selectively.
The Trigger: Sharmistha Panoli’s Viral Video
At the heart of the issue is a video posted by 22-year-old Panoli on Instagram on May 14. The clip, now deleted, was a response to a Pakistani follower’s question about India’s military action after the Pahalgam terror attack. In it, Panoli allegedly made disparaging remarks about Islam and Prophet Muhammad while also accusing Bollywood actors of remaining silent on terror-related issues. The video rapidly went viral, sparking outrage, particularly within the Muslim community.
On May 15, Kolkata-based Wajahat Khan lodged a complaint at the Garden Reach Police Station, alleging that Panoli’s comments were offensive and incited communal disharmony. Amid mounting public pressure and threats to her safety, Panoli deleted the video and issued a public apology on X (formerly Twitter). However, this did little to quell the backlash.
On May 30, Kolkata Police arrested Panoli from Gurugram, Haryana, after multiple failed attempts to serve her notice. She was brought to Kolkata and remanded to judicial custody till June 13. The Calcutta High Court, refusing her interim bail, stated that while freedom of speech is guaranteed in India, it "does not mean you hurt sentiments of others."
The Court’s Stand: Balancing Rights and Responsibilities
The judicial response to Panoli’s arrest has highlighted the judiciary’s balancing act between upholding fundamental rights and maintaining social order. Justice Partha Sarathi Chatterjee of the Calcutta High Court emphasized that India’s diversity demands careful use of speech. “Sentiments of a section of the people have been hurt... Our country is diverse... we must be cautious,” he said, while refusing to intervene in the arrest or grant ad-interim bail before the next hearing scheduled for June 5.
Panoli’s legal team, led by Senior Advocate DP Singh, argued that her basic human rights were being violated in custody, citing the denial of medicine and clothes despite her ADHD diagnosis. Singh called the treatment inhumane, saying, “Even a terrorist would be entitled to this.” The state, represented by Kalyan Banerjee, countered that the FIR presented a cognisable offense justifying the arrest.
The Irony: Wajahat Khan Now in Legal Crosshairs
In a dramatic twist, the man whose complaint led to Panoli’s arrest—Wajahat Khan—is now himself facing multiple FIRs across different states, including Assam, Delhi, and West Bengal. Several Hindu organizations, most notably the Shri Ram Swabhiman Parishad, have accused Khan of making derogatory and inflammatory posts against Hindu deities, scriptures, and customs on social media.
The Garden Reach police station, where Khan originally filed his complaint, is now processing one against him for allegedly sharing "sexually explicit and offensive content" directed at the Hindu community. The FIRs invoke serious sections of the IPC and IT Act, including promoting enmity on religious grounds, inciting public mischief, and distributing obscene content online.
According to reports, Khan has gone missing since June 2, prompting his father, Saadat Khan, to claim that the family has been receiving death threats. “He was depressed and receiving calls every five minutes. We don’t know where he is,” said Saadat, alleging that his son's accounts may have been hacked and insisting on his innocence and secular character.
Meanwhile, Assam Chief Minister Himanta Biswa Sarma has confirmed that a police team will travel to Bengal to seek Khan’s arrest. Similar demands are surfacing from Delhi-based complainants as well, suggesting that Khan may soon face arrest unless he surfaces and cooperates with the investigations.
A Legal Quagmire and Political Flashpoint
This case is no longer just about two individuals. It has become a flashpoint in the national debate on freedom of expression, communal sensitivity, and the impartiality of law enforcement. Critics, especially from the BJP, argue that Panoli’s arrest represents selective enforcement, where action is swift and decisive only when certain communities are offended, while others are ignored or delayed.
The Shri Ram Swabhiman Parishad made this argument explicitly, saying: “The Kolkata Police travelled 1,500 km to arrest a woman. Why is the same urgency not shown in arresting someone living in Garden Reach?”
This narrative is further complicated by the nature of the social media content involved. While Panoli’s video has drawn criticism for its religious insensitivity, it was clearly posted in the context of terrorism and national security, and followed by an apology. Khan’s alleged posts, on the other hand, have been framed as repeated, explicit, and blasphemous, raising questions about proportionality and consistency in legal actions.
Freedom of Speech vs. Hate Speech: A Blurry Line
The situation underscores the complex intersection of freedom of speech and hate speech in India’s digital age. Social media gives individuals a vast platform to express themselves—but with that comes responsibility. The legal frameworks under Sections 153A, 295A, 505, and IT Act Sections 66A and 67, while meant to curb incitement and protect public harmony, are often invoked selectively, depending on political climate and public reaction.
Further complicating the matter is the lack of clarity around what constitutes a "cognisable" offense in such cases. While courts often defer to law enforcement, critics point out that pretrial incarceration, especially of students and activists, often becomes punishment in itself.
The Road Ahead: What Happens Now?
With the Calcutta High Court scheduled to hear Panoli’s bail plea on June 5, and multiple police teams chasing Wajahat Khan, this case is far from over. Regardless of legal outcomes, it will likely remain symbolic of broader social and political undercurrents in India.
Will Panoli be granted bail on grounds of procedural lapses and mental health? Will Khan be arrested and subjected to the same legal scrutiny? Will the courts assert a consistent standard for handling such cases? These are critical questions that may shape legal precedents on online speech and religious sentiment.
More importantly, this episode calls for a re-examination of how India negotiates its pluralism in the digital age. The line between offensive content and freedom of opinion is increasingly blurry, and without consistent legal standards, the risk is not just selective justice—it’s social fragmentation.
Conclusion: A Test Case for Indian Democracy
The Panoli-Khan controversy serves as a powerful lens into India’s current socio-political environment. On the one hand, it reveals how deeply social media has intertwined with communal sensitivities. On the other, it highlights the need for equitable law enforcement and judicial clarity in upholding constitutional values.
At its core, the issue is not about defending or condemning either party blindly. It’s about ensuring that justice is even-handed, rights are protected, and freedom doesn’t come at the cost of peace.
In India’s ongoing struggle to balance diversity with unity, this case could become a defining moment—or a cautionary tale.
by Rohit Thakur | 3 jun 2025.
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