Wajahat Khan, who accused influencer Sharmistha Panoli, was arrested in Kolkata, adding a dramatic twist to a fast-evolving legal battle.
Subheading (Intro Sentence):
The case that began with an online defamation complaint has now turned into a legal rollercoaster with the arrest of the original complainant.
An Online Feud Turns Legal: What Started It All
In a stunning turn of events, Wajahat Khan, the man who filed a complaint that led to the arrest of law student and social media influencer Sharmistha Panoli, has himself been arrested by Kolkata Police. The legal conflict, which unfolded almost entirely on social media and in courtrooms, is being viewed as a microcosm of wider tensions in India around digital speech, misuse of legal processes, and gendered narratives in cybercrime complaints.
The controversy began last month when Wajahat Khan, a Kolkata-based businessman, filed a police complaint accusing Panoli of defamation, cyber harassment, and mental harassment. According to Khan, Panoli had posted a series of Instagram stories and tweets accusing him of inappropriate behaviour and professional misconduct.
Khan claimed these posts were fabricated and had seriously tarnished his personal and professional reputation. His formal complaint with the Kolkata Police cited Sections 500 and 506 of the Indian Penal Code (IPC), among others. Based on this, police swiftly acted and arrested Panoli from her Delhi residence — a move that drew intense scrutiny.
Arrest of Panoli: The Spark That Lit Public Debate
Panoli’s arrest was met with a wave of public condemnation. Legal observers, civil society groups, and student collectives quickly criticised the police action as disproportionate and potentially unlawful. One of the major issues raised was the lack of due process. Her legal team alleged that she was not served any prior notice or summoned before being detained, a procedural safeguard typically required in defamation-related offences, which are bailable and non-cognisable.
The Legal Observer’s National News section published an initial analysis pointing out that while defamation is a serious allegation, the police’s actions appeared excessively fast-tracked, raising questions about possible bias or influence.
Civil rights advocates argued that this was a classic case of Strategic Lawsuits Against Public Participation (SLAPP) — where powerful individuals file criminal complaints to silence dissent or criticism. Panoli, through her lawyers, maintained that her social media posts were based on personal experiences and protected under her constitutional right to freedom of speech.
Turning Tides: Wajahat Khan Comes Under Fire
The narrative flipped dramatically this week. On Monday, Kolkata Police arrested Wajahat Khan, the original complainant, on charges including filing a false complaint, criminal conspiracy (Section 120B IPC), and attempting to manipulate electronic evidence. Officials confirmed that new digital forensic evidence contradicted several claims made in Khan’s FIR.
As per a senior police officer quoted in The Legal Observer’s Insights,
“During our digital audit, we found discrepancies between the content posted by Ms. Panoli and what Mr. Khan claimed in his affidavit. We also recovered deleted conversations from cloud backups suggesting tampering of facts.”
The arrest has sent ripples across legal and digital rights communities. If proven, it would mean that Khan intentionally misled authorities, causing an unjustified arrest and detainment of a young woman based on fabricated evidence.
Panoli’s Response and Legal Counteraction
After being granted interim bail, Sharmistha Panoli issued a public statement via her legal team, alleging “wrongful arrest, mental trauma, and malicious prosecution.” Her legal counsel is preparing to file a counter-suit against Khan and is also exploring legal action against the police for procedural lapses.
In her first social media post since the ordeal, Panoli wrote:
“The system may falter, but truth does not. Justice has started to speak. This isn’t just my story — it’s about hundreds of others who stay silent.”
Panoli’s case has now become a test case for misuse of cyber laws, especially the potential for powerful complainants to use digital offence statutes to silence women and activists who speak out against misconduct.
Legal Observers Demand Policy Changes
The arrest of both parties has now raised fundamental concerns about how digital allegations are handled in Indian jurisprudence. Prominent legal experts suggest that police forces across India need clearer SOPs for arresting individuals in cyber defamation cases, especially when the alleged content is public and speech-based.
Advocacy group ‘Digital Rights India’ has petitioned for amendments in procedural codes to ensure that independent review mechanisms are in place before arresting someone under IPC Sections related to speech. A spokesperson told The Legal Observer:
“The police must not become tools of private vengeance. The rule of law cannot be compromised for speed or appeasement.”
What Lies Ahead
With Wajahat Khan now in custody and investigations ongoing, the legal outcomes for both parties remain unclear. However, one thing is certain — this case has become a landmark moment in the conversation around free speech, false complaints, and digital justice.
For Panoli, the legal journey continues, though the tide seems to have turned. For Khan, the focus now shifts to defending his own actions amid growing evidence of manipulation.
The matter is expected to be presented before a district magistrate court later this week, where Khan’s legal team will argue for bail, while the state pushes for custodial interrogation.
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