Author: Harsh Vaghela, GLS Law College
To the Point
Controversy takes her to the courtroom, A 22-Year old law student and social media influencer Posted a controversial video on 14th May on Instagram and X formerly Twitter. In that video She alleged controversial statement linked to operation sindoor .In addition she also heavily criticized the Bollywood celebrities especially the khan’s due to remaining silence during operation sindoor however later she apologize to all who hurts by hers post This made a controversy several FIR’s filed against her therefore she arrested by the Kolkata police and present before the Alipore court However the court sent her to the fourteen days remand in judicial custody.
Abstract
In this article we explains the case which made an arrest because of deep dive into controversy after posted a video commenting on particular community. she posted video on X alleged controversial statement linked to operation sindoor. later she made a post of apology but controversy was reach to the courtroom. she was arrested from Gurgaon. There are many MPs who stand with her to support her. Many tweets were on Trending hastag#istandwithsharmistha or #eualjustice also point out in tweets Blasphemy must be condemned. Secularism isn’t shiels for some and sword for others.
Use of Legal Jargon
This article examines the issues raised, she claimed article 19(1)(a) to freedom of speech and expression in reply with the court stated that freedom of speech doesn’t allow to insult or hurt someone. Sharmistha panoli was reportedly replying to a Pakistani user on social media. who is asking why Indian opened fire at Pakistan without any valid reason.in reply to a Pakistani tweet panoli posted a video and said “Earlier, I used to think Nabi was delusional as he thought 72 hoors would be waiting for them in heaven, but This women is more delusional, she thanks India opened fire without any reason. Have you heard of Pehalgam attack and other terrorist attack that your nation sponsoring! Should we not retaliate? We are not the devotees of mahatma Gandhi anymore. She also used abusive words in video. This video take it as a particular community comment which they were clamming communal remark. The chargesheet has been filed according to Bhartiya nyay Sanhita,2023.
There are certain section which has been filed against the alleged accused.
Sec.196 of BNS Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
Sec.299 Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs .Sec 352 criminal intimidationThese are the charges have been framed in the chargesheet.
The Proof
In support there are many leaders who supported by social or by press. one of the leader Pawan Kalyan tweeted to stand with her, She owned her mistake, deleted the video and apologized. He also talks and raised an issue to point out the deep searing pain inflicted upon millions when elected leaders, MPs of TMC, mock Sanatana dharma? Where Is the outrage of when our faiths called Gandha Dharma? Where is there apology? Where is there swift arrest? He demanding equal justice also blasphemy must be condemned, always. Secularism isn’t shield for some and sword for others.it must be two ways street. West Bengal police , the nation is watching, act justly for all.
Kangana’s statement on arrest of Sharmistha Panoli, She urge to West Bengal Government to not make state into North Korea, Everyone has democratic rights.
She has apologize, she should be release out on jail. She has a carrier, she is very Young Also she said youngsters are use abusive words normally both English and Hindi. Those who are trying to spoil her carrier we don’t support them, said Kangana.
Geert wilders MP of Netherlands Tweeted free the brave Sharmistha Panoli. its disgrace for the freedom of speech that she was arrested. Don’t punish her for speaking the truth about Pakistan and Muhammad.
Case Laws
The India’s Got Latent controversy
in early 2025 became a significant flashpoint in India’s ongoing discourse on digital content regulation, freedom of expression, and the responsibilities of online creators. The incident involved a popular YouTube show, its host, several prominent influencers, and sparked nationwide debates and legal actions.
In February 2025, an episode featuring YouTuber Ranveer Allahbadia (also known as BeerBiceps) went viral for the wrong reasons. Allahbadia made an inappropriate joke involving parents and sex, which many viewers found offensive and obscene. The clip quickly circulated on social media, leading to widespread backlash. The incident was further exacerbated by a heated exchange between actress Rakhi Sawant and co-judge Maheep Singh, during which Sawant threw a chair on stage.
Legal Fallout and FIRs
The controversy led to multiple First Information Reports (FIRs) being filed against several individuals associated with the show:
Samay Raina: As the host and creator, he was named in FIRs and faced criticism for allowing such content on his platform.
Ashish Chanchlani, Apoorva Mukhija, and Jaspreet Singh: Other panelists who were part of the episode faced legal scrutiny.
Munawar Faruqui case 2021
Who is Munawar Faruqui?
Munawar Faruqui is a stand-up comedian from Junagadh, Gujarat, known for his satirical takes on social and political issues.
What Led to His Arrest?
On January 1, 2021, during a performance at Munro Cafe in Indore, Madhya Pradesh, Faruqui was accused by Eklavya Singh Gaur, son of a BJP MLA, of making derogatory jokes about Hindu deities and the Union HomeMinister. Notably, the allegations were based on jokes Faruqui allegedly intended to tell, rather than ones he had actually performed. Subsequently, Faruqui and four others were arrested under several sections of the Indian Penal Code, including Section 295A, which pertains to deliberate acts intended to outrage religious feelings.
Conclusion
In conclusion ,You have an example of complexities inherent in balancing freedom of expression and social responsibility in digital age, the Sharmistha Panoli case serves as a stark reminder of the delicate balance between freedom of expression and the responsibility that comes with online influence. While her remarks undeniably sparked controversy and legal challenges, the case underscores the importance of due process and the need for all individuals to be aware of the consequences of their online speech. As social media becomes increasingly entwined with public discourse, cases like this will continue to test the boundaries of acceptable expression in a democratic society.
Current status of the present case The panoli’s move to the high court of Calcutta for quash of a FIR and demanding bail due to unhygien in alpore judicial custody also she has kidney issues.
Calcutta High court granted a bail on today 6th June,2025 to the Sharmistha panoli with bail bond of 10,000.
FAQS
What is Social Media controversy?
A social media controversy is a situation where a post, comment, or event on social media triggers widespread discussion, backlash, or debate. This can involve topics like politics, celebrities behavior, misinformation, or offensive content.
Why do social media controversy happen?
They often arise due to:
• Viral content: Posts can reach millions instantly, making it easy for disagreements to escalate.
• Diverse opinions: Social media is a global forum, so people with different values and beliefs collide.
• Algorithmic amplification: Platforms may promote controversial or divisive content because it generates more engagement.
Why do some controversies never seem to go away?
Some topics are deeply polarizing and tied to societal divides. Also, social media’s tendency to resurface old posts can keep controversies alive longer than in traditional media.
Sources
https://indiankanoon.org/doc/149679501/
