The Supreme Court on Monday granted interim protection from coercive action to Wazahat Khan, who had filed a complaint against social media influencer and law student Sharmistha Panoli over an allegedly communal video. Khan, who is now facing multiple FIRs across different states for his own social media posts, has been shielded from arrest till July 14.
A bench of Justices K.V. Viswanathan and N. Kotiswar Singh passed the interim order while hearing Khan’s petition seeking protection from arrest and consolidation of FIRs filed against him in states including West Bengal, Assam, Maharashtra, Haryana, and Delhi.
Khan was arrested by Kolkata Police on June 9 and remains in custody. His counsel informed the court that multiple FIRs had been filed against Khan for old tweets which allegedly hurt religious sentiments. The counsel argued that these complaints were a retaliatory action after Khan’s FIR led to the arrest of Panoli.
The bench agreed to hear the matter and issued notices to the Centre and the concerned state governments. “Having considered the prayer, we are inclined to grant the same,” the court said, ordering that no coercive steps be taken against Khan in connection with the FIRs already mentioned or any similar complaints that may arise before the next hearing.
The court observed, “There is a famous Tamil saying. It must be there in Telugu also. A wound inflicted by a fire may heal but not a wound inflicted by the tongue,” in an apparent reflection on the sensitive nature of online speech and its consequences.
Panoli, a 22-year-old law student, was arrested on May 30 from Gurugram by Kolkata Police after her video criticising Bollywood celebrities and allegedly making communal remarks went viral. She was granted interim bail by the Calcutta High Court on June 5. Her arrest followed a complaint filed by Khan at the Garden Reach Police Station in Kolkata on May 15.
Meanwhile, Khan has been booked under several provisions of the Bharatiya Nyaya Sanhita (BNS), including those related to promoting enmity between religious groups, provocation with intent to cause breach of peace, and public mischief. An FIR was filed against him at Golf Green Police Station in south Kolkata.
The case highlights the growing trend of online content triggering cross-jurisdictional legal actions and the challenges of navigating free speech, religious sensitivities, and the use of legal remedies on digital platforms.
The Supreme Court will hear the matter next on July 14.
