The court said that YouTuber Manish Kashyap is free to pursue his legal remedies in accordance with law before other forums.
The Supreme Court on Monday refused to interfere in a plea filed by YouTuber Manish Kashyap and transferred the FIR to Patna accusing him of spreading fake videos about migrants from Bihar.
“We have serious reservations here. These are stable states… a state like Tamil Nadu. You just create anything and create uneasiness in that situation. We cannot lend our offices to such things,” said India’s Chief Justice DY Chandrachud firmly told Kashyap’s counsel, senior advocate Maninder Singh.
The court said that Kashyap was free to pursue his legal remedies before other forums as per law.
Kashyap has been booked under the National Security Act (NSA) and is in custody in Tamil Nadu in multiple FIRs.
Senior advocate Kapil Sibal, Additional Advocate General Amit Tiwari and Tamil Nadu advocate Joseph Aristotle said Kashyap “had political aspirations and the video was an attempt at political opportunism”.
“The accused attempted to derive benefit from the precarious situation in Tamil Nadu, which sufficiently leads to the incontrovertible conclusion that he not only made, but also sought political advantage without any regard for national security and public tranquillity consciously took advantage of a sensitive situation.” he said, justifying the charges under the NSA.
He is also facing criminal trial in Bihar.
Senior advocate Maninder Singh argued that his client was a journalist. He was falsely accused under NSA.
“If this boy remains in jail in custody, then the whole of journalism is in danger,” argued Mr. Singh.
However, the state counsel for Bihar said that Kashyap was a “habitual criminal”. He was arrested earlier in 2019. He contested assembly and parliamentary elections.
Tamil Nadu also objected to the plea to club the FIRs, saying they pertain to different offences.
Tamil Nadu revealed to the Supreme Court how a “false and unverified” video allegedly posted online by Kashyap about attacks on Bihar migrant laborers may have incited violence and riots, but police and state officials Did not take action on time.
“Through false and unverified videos posted on social media platforms, the accused (Kashyap) has attempted to incite violence between migrant laborers of Bihar and people of Tamil Nadu and create enmity between different groups on grounds of language and create an untenable law Tried to State of order in the State,” the State had said in its recent affidavit.
The affidavit said the Tamil Nadu police and authorities along with their Bihar counterparts had taken prompt steps to address and calm the growing concerns of migrant workers due to misinformation and rumors that circulated online.
“If these efforts were not there, misinformation and rumors would certainly have incited violence and riots in the state of Tamil Nadu,” it said.
The state said that violence, if it had broken out, would not only have caused damage to life and property, but also “threatened national integrity, which cannot be repaired”.
Tamil Nadu had submitted, “Considering that around 10 lakh migrant laborers from all over the country are employed in the entire state, the country’s economy would have suffered a lot.”
“Freedom of speech and expression is not absolute, but has to be exercised with caution and responsibility. By disturbing public order and national integrity, the accused cannot take refuge under the umbrella of constitutional rights,” argued Tamil Nadu.