All legal procedures followed while arresting female Instagram influencer: Kolkata Police

The Kolkata Police have dismissed criticisms that they have “unlawfully” arrested a 22-year-old female Instagram influencer for allegedly uploading a video with communal comments, and claimed that all legal procedures were followed.

They defended the arrest of influencer Sharmistha Panoli saying that the case was “duly investigated and adhering to legal procedures”.

“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,” Kolkata Police posted on Facebook on Sunday.

“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 Kolkata Police stated.

“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,” it said.

Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the circumstances under which police officers can arrest a person without a warrant or court order.

The Kolkata Police police had arrested the woman for allegedly uploading a video with communal comments, claiming Bollywood actors were silent on Operation Sindoor.

“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,” the Kolkata Police added.

A case against the woman was lodged at the Garden Reach Police Station on May 15 based on allegations that she posted a video that Kolkata Police claimed: “was insulting to the religious belief of a class of citizen of India and amounted to promoting disharmony and hatred between different communities”.

The case was registered under the appropriate section of Bhartiya Nyaya Sanhita (BNS).

Hate speech and abusive language should not be misconstrued as freedom of speech and expression as enshrined in Article 19(1)(a) of the Constitution, the Kolkata Police stated, further urging all “concerned to act responsibly and refrain from doing anything that would benefit our enemies”.

The accused woman, booked under relevant sections for promoting enmity between different groups, malicious acts intended to outrage religious feelings, apart from intentional insult, provoking breach of peace, has been sent to judicial custody till June 13 after her bail petition was rejected by a Kolkata court.

BJP West Bengal president Sukanta Majumdar criticised the Kolkata Police for their “overactiveness” in arresting the woman for allegedly posting the video.

The BJP leader has alleged that the arrest was made “not for justice, but for appeasement” keeping in mind the “vote-bank vendetta”.

“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,” Majumdar posted.

Trinamool Congress spokesperson Kunal Ghosh when contacted by PTI refrained from making any comment in this regard.

“We are not saying anything about this matter,” Ghosh said.