The Kolkata Police on Sunday said that “hate speech should not be misconstrued as freedom of speech”. This came amid an uproar after the arrest of a 22-year-old law student in Gurugram for social media posts about Prophet Muhammad that allegedly hurt religious sentiments.

The student, identified as Sharmishta Panoli, is a fourth-year business and law student at a Pune university. She had reportedly made the comments on Instagram in the wake of Operation Sindoor, but later deleted the post and issued an apology on X.

A case was filed against Panoli at Kolkata’s Garden Reach Police Station on May 15. The 22-year-old was arrested on Friday, after which she was brought to Kolkata on a transit remand and remanded to judicial custody till June 13.

Several politicians, including many from the Bharatiya Janata Party, have questioned Panoli’s arrest.

On Sunday, the Kolkata Police claimed a few social media accounts were spreading false information that the 22-year-old had been “unlawfully arrested” for “opposing Pakistan”.

“This narrative is mischievous and misleading,” it stated. “Expressing national pride and patriotism is a thing that every citizen and organisation stands for. Kolkata Police being no different, stands firmly with the citizens of India.”

The Kolkata Police reiterated that the case was registered on the basis of allegations that Panoli had posted a video that was insulting to religious beliefs and under the appropriate section of the Bhartiya Nyaya Sanhita. It stated that she was “apprehended lawfully” from Gurugram.

“Hate speech targeting any religious figure or community or any class of citizens of India which has potential to incite disharmony and hatred between different communities is a punishable offence in the newly implemented Bhartiya Nyaya Sanhita,” said the police.

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, it said.

It added: “At the time when the whole country stood united and our brave citizens were fighting at the frontier, posting such content on social media which is insulting and demeaning to any class of citizens of India is most abominable act. Any such act will only benefit our enemies.”

The Kolkata Police stated that it acted lawfully in accordance with the procedures 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,” it added. We urge the all concerned to act responsibly and refrain from doing anything that would benefit our enemies.”

On Saturday, BJP’s West Bengal unit chief and Union minister Sukanta Majumdar described Panoli’s arrest as “vote-bank vendetta”.

“No riots. No unrest. Yet [West Bengal Chief Minister] Mamata Banerjee’s police acted overnight – not for justice, but for appeasement,” he alleged. “But when TMC [Trinamool Congress] leaders insult Sanatan Dharma, call Jai Shri Ram a gaali, mock Maha Kumbh, and push communal poison – there’s no FIR [first information report], no arrest, no apology.”

Sanatana Dharma is a term some use as a synonym for Hinduism.

BJP leader Suvendu Adhikari claimed that “action is taken only on Sanatanis”, The Indian Express reported.

“I do not want to comment on what the girl has said, but what these people [Trinamool Congress] are doing is appeasement politics of a particular community, who are their vote bank,” the newspaper quoted the leader of the Opposition in the West Bengal Assembly as saying.

Andhra Pradesh deputy Chief Minister Pawan Kalyan on Friday said that the Kolkata Police had acted swiftly and arrested Panoli.

“But what about the deep, searing pain inflicted upon millions when elected leaders, MPs of TMC, mock Sanatana Dharma?” he asked on X. “Where is the outrage when our faith is called ‘Gandha Dhar’? Where is their apology? Where is their swift arrest?”

The National Democratic Alliance partner and Janasena Party chief added that blasphemy must always be condemned. “Secularism isn’t a shield for some and a sword for others,” he said. “It must be a two-way street. West Bengal Police, the nation is watching. Act justly for all.”

Congress MP Karti P Chidambaram too accused the Kolkata Police of “blatant misuse of police powers”.

“These inter-state arrests for social media posts (unless it’s clearly demonstrated that it has led to a law and order situation) are blatantly a misuse of police powers,” Chidambaram said on X.

On the other hand, Trinamool Congress MP Sagarika Ghose claimed that Panoli said “directly abused a religion, reported The Indian Express.

“Free speech does not allow hate speech,” Ghosh told the newspaper. “The Kolkata Police was acting on a warrant that they were duty bound to execute. The notice was served, but the family was absconding. The Kolkata Police just did duty.”

The Kolkata Police had earlier said that several attempts were made to serve a legal notice to Panoli, but she and her family were untraceable. A court then issued an arrest warrant, after which she was tracked and arrested.

The first information report was filed under sections of the Bharatiya Nyaya Sanhita pertaining to promoting enmity between groups, deliberate and malicious acts intended to outrage the religious feelings, intentional insult with the intent to provoke a breach of peace and statements that incite public mischief.