Fake videos on labourers: Supreme Court refuses to consider plea of Bihar YouTuber against NSA, multiple FIRs

The arrested Youtuber faces several FIRs and out of them, three have been lodged in Bihar

The Supreme Court on Monday refused to consider a plea filed by YouTuber Manish Kashyap against invocation of National Security Act (NSA) and clubbing of multiple FIRs lodged for uploading alleged fake videos 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, however, allowed the petitioner to pursue his remedies in accordance with law on multiple FIRs and his detention under the stringent NSA.

His counsel contended the NSA has been slapped in mala fide manner as there were newspaper reports related to the incidents, prior to his uploading of the videos. "If this boy has to remain inside continuously, it would be serious miscarriage of justice," he said.

Kashyap faces as many as 12 FIRs in Bihar and six in Tamil Nadu.

The counsel sought a direction to club all the FIRs and transfer those to Patna as the first case was lodged against him there on March 5, 2023.

The bench, however, said nothing can be done as he created fake videos.

“What is to be done? You produced 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.

An affidavit filed by Tamil Nadu government counsel Joseph Aristotle stated that 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.

He 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", the state government said, adding the state employed about 10 lakh migrant labourers in factories over there.