SC protects complainant against social media influencer in multiple FIRs

New Delhi: The Supreme Court on Monday granted interim protection from coercive action till July 14 to the man who filed a complaint against social media influencer Sharmistha Panoli for allegedly making communal remarks in a video.

A bench of Justices K V Viswanathan and N Kotiswar Singh passed the order while hearing a plea by Wazahat Khan, booked in FIRs across states, including West Bengal.

The bench said Khan was already arrested by West Bengal Police and was in custody.

His counsel said the FIRs and complaints against Khan were registered in several states for his old tweets, which were alleged to have hurt religious sentiments.

After the bench agreed to hear his plea, his counsel sought no further coercive action against his client till the next date of hearing.

"Having considered the prayer, we are inclined to grant the same," the bench said.

As an interim measure, the top court said, till the next date of hearing on July 14, no coercive action should be taken against the petitioner pursuant to the FIRs or complaints referred to in the petition or the FIRs or complaints which may be lodged against him in connection with similar allegations.

"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," the bench observed.

Khan was arrested by Kolkata Police on June 9. He moved the apex court alleging that FIRs and complaints have been lodged against him in several states, including Assam, West Bengal, Maharashtra and Haryana, for certain old tweets made by him.

The FIRs were in retaliation to a complaint filed by him against Panoli, who was arrested and later released on bail, he argued.

"I have deleted all of them and apologised," his counsel said, submitting Khan was perhaps "reaping what he has sown".

His counsel argued that the first FIR, according to the petitioner, was dated June 2.

He referred to a number of previous judgements and orders of the apex court in which orders to consolidate the FIRs either in one state or multiple FIRs filed in a state to the state concerned were passed.

The bench agreed to hear the plea and issued notice to the Centre and states of West Bengal, Assam, Maharashtra, Delhi and Haryana.

The matter would be heard on July 14.

Khan, arrested by the Kolkata Police in June earlier, was booked in the case for offences under the BNS, including for promoting enmity between different groups based on religion, race, and insults or attempts to insult religion.

An FIR was registered against him at the Golf Green Police Station in south Kolkata for allegedly promoting hate speech and hurting religious sentiments through his social media posts.

The other charges slapped against him included provoking breach of peace and statements conducing to public mischief.

Panoli, a 22-year-old law student, was arrested by Kolkata Police from Gurugram in Haryana on May 30 after a video she uploaded on social media drew widespread outrage.

She was booked by Garden Reach Police Station in Kolkata on May 15. The Calcutta High Court granted her interim bail on June 5.

Khan, the prime complainant against Panoli, got a complaint registered against the influencer for offences, including malicious acts intended to outrage religious feelings, leading the police to lodge a case against her.

In the video, Panoli allegedly hurled abuses and made communal remarks while being critical of a section of Bollywood celebrities for their silence on 'Operation Sindoor'.