NEW DELHI: The Supreme Court on Monday declined to entertain a plea filed by YouTuber Manish Kashyap against invocation of National Security Act (NSA) and clubbing of multiple FIRs filed for uploading alleged fake video of attacks on migrant labourers from Bihar in Tamil Nadu.
"You have a stable state like the Tamil Nadu. You circulate anything to create disquiet in that state," a bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala told senior advocate Maninder Singh, representing Kashyap.
The bench said the petitioner, however, would be at liberty to pursue his remedies in accordance with law on multiple FIRs and his detention under the stringent NSA
Singh tried to reason out contending the NSA has been slapped in mala fide manner. He also questioned lodging of multiple FIRs in Bihar as well as Tamil Nadu.
He sought to place newspaper reports related to the incidents.
"If this boy has to remain inside continuously, it would be serious miscarriage of justice," he said.
It was pointed out there are 12 FIRs in Bihar and six in Tamil Nadu against the petitioner.
Singh suggested all the FIRs should be transferred to Patna since the first one was lodged on March 5, 2023 there.
What is to be done? You produce these fake videos, the bench told Singh, who contended that if NSA is imposed on his client, then journalists from other newspapers also cannot remain immune to the tough law, as they carried the same contentious news items.
Appearing for Tamil Nadu, senior advocate Kapil Sibal, along with Tamil Nadu's Additional Advocate General Amit Anand Tiwari, submitted that petitioner is not a journalist and he was a politician who had contested elections.
The Bihar government counsel said Kashyap is a habitual offender, and "extortionist" and there are other cases against him.
In its reply, Tamil Nadu government contended the order of detention against the petitioner under National Security Act was passed after analysing the nature of fake videos and rumours spread by him and its effect on ground in creating panic and a volatile situation that warranted personal involvement of senior Police officers and the Governments of Tamil Nadu and
Bihar.
It said accused, Manish Kashyap alias Tripurari Kumar Tiwari, aged 35, resident of Patna, is a well-known personality in the State of Bihar, running a news channel by the name 'SachTak news' in YouTube and has many accounts across social media platforms.
He is being followed by lakhs of social media users and has the ability to reach a larger population through his social media posts.
"Accused has uploaded several fabricated and fake videos on various social media platforms such as Twitter, Facebook, Instagram and YouTube falsely depicting that Bihari migrant labourers are being assaulted and killed in the State of Tamil Nadu, leading to unrest and panic among the people of these States," it said.
It is pertinent to point out here that Tamil Nadu has a significant population of migrants from Bihar and other States around 10 Lakhs in number - who are employed as labourers in factories in the State, it pointed out.
"The petitioner/accused is clearly an irresponsible mischievous element who sought to create a dangerous and explosive situation by spreading disharmony and disaffection between groups through falsehoods and lies, and thereafter, sought to gain advantage of this situation of his own making by using it to gain political brownie points," it said.
The petitioner has posted 17 videos across four social media platforms, out of which only four videos were found to be repeated in more than one FIR. Six cases have been registered against the petitioner in connection with spreading of rumours and creating panic which had the potential of triggering violence and riots in the State. In so far as the cases were registered based on different videos posted on different dates, the prayer to club the FIRS is not maintainable, it said.
