"What is This?", CJI questions invocation of NSA against Youtuber Manish Kashyap in Bihar migrant fake video case

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Synopsis

Kashyap was caught for allegedly circulating false and misleading information about purported attacks on migrant labourers working in Tamil Nadu and was arrested from Bettiah in Bihar on March 18. 

CJI DY Chandrachud today questioned the State of Tamil Nadu on its invocation of National Security Act against Youtuber Manish Kashyap who has been booked by the Tamil Nadu police for sharing fake videos of attack on Bihar based migrant labourers.

"NSA Mr. Sibal, what is this?", the CJI asked Senior Lawyer Kapil Sibal, who was appearing on behalf of Tamil Nadu.

"See what he is doing, he is making videos saying that these people are coming from Bihar and getting killed..", Sibal replied.

"But NSA..", the CJI replied.

Last Tuesday, 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 on a plea by the Youtuber seeking consolidation of First Information Reports (FIR) registered against him.

 Today, the Supreme Court bench also comprising Justice Narasimha issued notice on the amended prayers made on behalf of Kashyap challenging the order of preventive detention under NSA.

"Apart from original reliefs, petitioner has challenged the order of preventive detention under NSA. Allow to file amended petition. Issue notice on amended prayers. Reply be filed on amended petition. List on next Friday", the Court has ordered.

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.

He added that the first one was registered in Bihar, which was also the broadest of all FIRs. Dave thus sought consolidation of all FIRs in Bihar.

Initially, the court was inclined to consolidate all FIRs but when the counsel appearing on behalf of the State of Bihar submitted that Kashyap was a habitual offender, and had 8 cases registered against him, one being under Section 307 IPC, the Supreme Court did not pass such orders.

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.

Earlier this month, 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.

On March 5, a Madurai court had sent the YouTuber to judicial custody till April 19.

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