Supreme Court refuses to consolidate FIRs filed against Youtuber Mahish Kashyap in Bihar Migrant Fake Video Case

The Supreme Court today dismissed a petition filed by Youtuber Manish Kashyap, who sought consolidation of FIRs registered against him in Bihar and Tamil Nadu for sharing fake videos of attack on Bihar based migrant labourers.

"We are not inclined to use our powers under Article 32. Petitioner is at liberty to approach appropriate authorities for seeking remedy under National Security Act", ordered a bench of CJI Chandrachud with Justices Pardiwala and Narasimha.

Appearing for Kashyap today, Senior Advocate Maninder Singh told the bench that, "If I have to be under NSA then every newspaper including the Economic Times has to be under NSA..".

Singh further argued that the detention of his client was a complete mala fide exercise of powers.

"If this boy has to remain inside continuously, it would be serious miscarriage of justice...", the senior lawyer added.

When the court expressed its inclination to consolidate all FIRs and send them to Patna, Senior Advocate Kapil Sibal, appearing for the State of Tamil Nadu, told court that all the FIRs were on different aspects.

Counsel appearing for the state of Bihar then informed the bench, "One is about the fake video created in Patna city; second was at the airport, where he made statements saying that I am going to Tamil Nadu to check the situation; and third one is where he has used an old video of his arrest to say that because of his videos on migrants, he has been arrested."

Noting this, the bench refused to grant any relief to Kashyap and said, "You cannot circulate anything and create a problem in a stable state..".

Last month, when the matter was heard, CJI DY Chandrachud had questioned the State of Tamil Nadu on its invocation of National Security Act against the Youtuber Manish Kashyap.

Court had then issued notice on the amended prayers made on behalf of Kashyap challenging the order of preventive detention under NSA.

Originally, the Supreme Court bench of Justices Krishna Murari and Sanjay Karol had issued notice in the plea by Kashyap and sought responses from the Central government and the States of Bihar and Tamil Nadu.

Senior Advocate Siddhartha Dave, appearing for Kashyap had told the court today that 6 FIRs were registered against Kashyap in Tamil Nadu and 4 in Bihar.

On Dave's request that his client not be dragged through the state on production warrants, the Top Court ordered that Kashyap would remain in Madurai Central Prison, where he was currently lodged.

In the beginning of April, Supreme Court had refused to provide any interim relief to Kashyap, after Senior Advocate Sanjay Hegde, appearing on behalf of the state of Tamil Nadu clarified before the bench that Kashyap was already in custody.

Case Title: Manish Kashyap vs. Union of India and Ors