New Delhi: “You can’t spread disquiet in stable states,” the Supreme Court observed Monday, while dismissing YouTuber Manish Kashyap’s plea to club FIRs and quash charges invoked under the National Security Act (NSA) against him for allegedly making false videos showing attacks on migrant workers from Bihar in Tamil Nadu.
Rejecting Kashyap’s petition, the SC bench, led by Chief Justice of India DY Chandrachud, said it was not inclined to use its powers under Article 32 of the Constitution, the provision under which the YouTuber had filed the plea. Article 32 allows a citizen to approach the top court directly in case there is violation of her or his fundamental rights.
Refusing to stall the police probe against Kashyap, the top court however clarified that he was at liberty to move appropriate authorities for relief against NSA.
“We are not inclined to use our powers under Article 32. The petitioner is at liberty to approach appropriate authorities for remedy, including the NSA,” the court said.
Kashyap had moved the top court with his plea last month. He also asked for interim protection from arrest and to quash the NSA notification issued by the Tamil Nadu government. According to the notification, Kashyap had shared fake news about migrant workers, facilitated fabrication of videos circulated on social media, and used them to spread communal hatred.
He is in the custody of the Tamil Nadu Police.
‘Kashyap made fake videos, spread disquiet’
In his plea, Kashyap claimed that filing of multiple criminal cases arising from a common cause of action was contrary to settled legal principle that bars simultaneous proceedings in different states in relation to an alleged offence committed by a person. He had sought transfer of all cases from Tamil Nadu to Bihar so that a common investigation can be undertaken in connection with all the cases.
However, the bench noted that Kashyap had deliberately made fake videos and circulated them to spread disquiet in “stable states” (such as Tamil Nadu).
“He has made fake videos and circulated like this…You have stable states…. you share anything and you spread disquiet in those states,” CJI Chandrachud told his counsel, senior advocate Maninder Singh.
Both Tamil Nadu and Bihar governments opposed Kashyap’s plea.
The Tamil Nadu government had submitted that neither the FIRs nor the NSA charge could be quashed because Kashyap had prepared fake videos and used them as background clips, while mentioning that migrants were being beaten up and killed in Tamil Nadu.
When he visited Tamil Nadu, he put out rhetorical questions to migrants only to spread disharmony, with an intention to spread hatred, the state government added.