SC directs TN govt not to shift YouTuber Manish Kashyap from Madurai jail
The Supreme Court on Friday asked the Tamil Nadu government to explain invocation of stringent National Security Act against YouTuber Manish Kashyap arrested for allegedly uploading fake videos of attacks Bihari workers over there.
Hearing a plea by Kashyap for clubbing multiple FIRs lodged against him to a case registered in Patna, a bench led by Chief Justice of India D Y Chandrachud asked senior advocate Kapil Sibal why the state government invoked NSA against him.
“Mr Sibal, what is this NSA?......But NSA?....Why this vengeance against this man," the bench, also comprising Justice P S Narasimha asked the counsel.
Sibal said he made fake videos claiming that migrant labourers from Bihar were getting attacked and killed in Tamil Nadu. He contended the man is not a journalist but a politician and he contested elections too, the counsel said.
The court issued notice to the state government and put the matter for hearing on April 28.
It directed the state government not to move Kashyap from Madurai jail, where he is currently lodged, to another prison against the backdrop of multiple FIRs in the state, on a request by his counsel senior advocate Siddhartha Dave.
Kashyap's counsel submitted that NSA has been invoked against his client and six FIRs were lodged against him in Tamil Nadu and three in Bihar.
The bench said it is inclined to transfer FIRs registered against the petitioner in Tamil Nadu to Patna in Bihar.
Sibal, however, opposed transfer of FIRs, saying he has got 60 lakh followers.
He said Kashyap had conducted interviews in the southern state, and uploaded the videos through different URLs.
The Bihar government counsel also resisted the transferring of Tamil Nadu FIRs to Bihar, saying that those are different offences and the petitioner is a "habitual offender".
The top court allowed petitioner’s counsel to amend the plea to challenge his detention under the NSA.
"Apart from the relief sought under Article 32 of the Constitution, the petitioner seeks to challenge the detention order under NSA. The petitioner is allowed to amend the plea. Issue notice on amended prayers,” the bench said in its order.
On April 11, the court had issued notice to the Centre, Tamil Nadu, and Bihar government on Kashyap's plea seeking clubbing of the FIRs lodged against him.
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