New Delhi: The Supreme Court on Monday dismissed YouTuber Manish Kashyap’s FIR for clubbing and charges under the National Security Act (NSA), saying, “You cannot spread anxiety in stable states”. accused of making fake videos Showing attacks on migrant workers from Bihar in Tamil Nadu.
Dismissing Kashyap’s plea, the SC bench led by Chief Justice of India DY Chandrachud said it was not inclined to exercise its powers under Article 32 of the Constitution under which the petition was filed by the YouTuber. Article 32 allows a citizen to approach the apex court directly in case of violation of his or her fundamental rights.
Refusing to stop the police investigation against Kashyap, the top court, however, clarified that he was at liberty to move the appropriate authorities for relief against the NSA.
“We are not inclined to exercise our powers under Article 32. The petitioner is at liberty to approach the appropriate authorities for remedy, including the NSA,” the court said.
Kashyap had last month moved the apex court with his petition. He also asked for interim protection from arrest and cancellation of the NSA notification issued by the Tamil Nadu government. According to the notification, Kashyap shared fake news about migrant workers, facilitated the creation of videos circulated on social media and used them to spread communal hatred.
He is in the custody of Tamil Nadu Police.
‘Kashyap made fake videos, spread anxiety’
In his petition, Kashyap claimed that registration of multiple criminal cases arising out of a common cause of action is contrary to the legal principle that prohibits simultaneous proceedings in different states in respect of an offense alleged to have been committed by a person. He had sought transfer of all cases from Tamil Nadu to Bihar so that a common investigation could be conducted in respect of all the cases.
The bench, however, noted that Kashyap deliberately created fake videos and circulated them to create unrest in “stable states” (such as Tamil Nadu).
“He has made fake videos and circulated like this… Your condition is stable…. You share anything and you spread disquiet in those states,” CJI Chandrachud told his counsel, senior advocate Maninder Singh.
Both the Tamil Nadu and Bihar governments opposed Kashyap’s petition.
The Tamil Nadu government had submitted that neither the FIR nor the NSA charge could be quashed as Kashyap had prepared fake videos and used them as background clips, while mentioning that migrants were beaten up in Tamil Nadu. and was being killed.
The state government said that when he visited Tamil Nadu, he made statements to the migrants only to spread disharmony with the intention of spreading hatred.