Kolkata — The Supreme Court of India has stayed the arrest of Wazahat Khan — the primary complainant in the case against influencer Sharmistha Panoli — in all First Information Reports (FIRs) registered outside West Bengal. The apex court also issued notices to the Union government and four states, seeking their response on Khan’s plea for consolidation of multiple FIRs lodged against him, as per a report by the India Today.
A bench comprising Justices KV Viswanathan and N Kotiswar Singh heard the matter on Monday. While passing the interim order, Justice Viswanathan made strong observations on the power and consequences of hate speech. Quoting a Tamil proverb, he said, “A wound inflicted by fire may heal, but not a wound inflicted by the tongue.” He further remarked, “These hate speeches lead us nowhere,” adding that incitement to violence is not limited to physical acts — verbal provocation can be equally dangerous.
Wazahat Khan is currently facing multiple cases for allegedly posting content on social media that could incite communal tension. He was arrested by Kolkata Police on June 9 and remains in judicial custody in connection with two West Bengal FIRs. However, police forces from Assam, Maharashtra, and Haryana also sought his custody in connection with similar complaints in their respective states.
Khan’s legal team argued that the FIRs filed against him were retaliatory in nature, arising after he filed a complaint against social media influencer Sharmistha Panoli. Panoli was arrested for allegedly hurting religious sentiments through a video posted after ‘Operation Sindoor’, and was later granted interim bail by the Calcutta High Court.
Senior Advocate Dama Seshadri Naidu, representing Khan, acknowledged the gravity of Khan’s earlier posts, stating, “He is perhaps reaping what he has sown.” He emphasised that Khan has deleted the contentious content, issued a public apology before the FIRs were filed, and is cooperating fully with investigators.
The Supreme Court observed that statements causing hate cannot be protected under Article 19(1)(a) of the Constitution, which guarantees freedom of speech. “We’re worried about where this is heading,” the bench noted, expressing concern over the growing trend of hate speech on social platforms.
Khan’s advocate Sankhajit Lal Mitra told India Today that the Supreme Court has ordered a stay on all FIRs registered against Khan and ruled that no coercive action be taken until the next hearing, scheduled for July 14.
