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Videos of ‘attacks on migrants’: Bihar YouTuber booked under NSA in TN, moves SC for relief
Madurai police had earlier registered a case against Kashyap, who ran a channel called “Suspects News” on social media platforms, and a special police team had arrested him from Bihar.
Bihar YouTuber Manish Kashyap, arrested last month for allegedly spreading fake videos of migrant workers being attacked in Tamil Nadu, was booked under the National Security Act (NSA) on Thursday, police in the southern state said, even as the Supreme Court agreed to hear on April 10 a plea by the 35-year-old to club all cases filed against him in the matter.
Madurai police had earlier registered a case against Kashyap, who ran a channel called “Suspects News” on social media platforms, and a special police team had arrested him from Bihar.
Madurai superintendent of police (SP) Shiva Prasad said, “Manish Kashyap, who circulated fake videos of migrant labourers from Bihar being attacked in Tamil Nadu, has been detained under the NSA.”
“He is the first person to be detained under the NSA in this matter,” the officer said.
Kashyap had on Wednesday appeared before the Madurai district court, which ordered that he be remanded to judicial custody for 15 days following which he was sent to the Madurai central prison.
The stringent NSA provides for preventive detention.
Kashyap was first arrested by Bihar Police and later the Tamil Nadu police had taken him to Madurai on a transit remand.
According to police, four alleged fake videos had begun circulating on March 1.
On March 4, Tamil Nadu chief minister M K Stalin had called his counterpart in Bihar, Nitish Kumar, to condemn the fake news and assured him that the migrant workers were safe in Tamil Nadu. The state’s Director General of Police (DG) Sylendra Babu had warned of strict action against fake news peddlers.
Meanwhile, the Supreme Court said on Thursday it will hear on April 10 a plea filed by Kashyap seeking clubbing of FIRs lodged against him.
The matter was mentioned before a bench headed by Chief Justice D Y Chandrachud for urgent listing. The bench agreed to hear the matter at the end of the board during the day itself.
Later, the matter came up for hearing before the bench at around 4.25 PM.
The counsel appearing for Kashyap, who has also sought quashing of the FIRs lodged against him over the same alleged cause of action, told the apex court that the petitioner has now been booked under the NSA.
“Let’s keep it on Monday (April 10),” the CJI said.
Senior advocate Sanjay Hegde, along with advocate Amit Anand Tiwari, appeared for the state of Tamil Nadu.
When the petitioner’s counsel urged the court for some interim relief, Hegde said Kashyap is in custody by a judicial order and it was not a case of illegal detention.
“How can we grant interim relief if he is in custody!” the bench observed, adding the matter will be heard on April 10.
In his plea filed in the apex court through advocate A P Singh, the petitioner has sought clubbing of all the FIRs registered against him in Tamil Nadu with those lodged in Bihar.
The plea said several FIRs have been registered against him, including three in Bihar and two in Tamil Nadu.
“The petitioner is filing the present writ petition in extremely urgent circumstances as several FIRs have been registered against him in different parts of the country and has a reasonable belief that more FIRs will be registered at the behest of the present ruling government regime in the state of Bihar,” the petition said.
It said these were “in gross violation of the fundamental rights of the petitioner, including but not limited to the right to freedom of speech and expression.... and right to life and personal liberty guaranteed under Article 21 of the constitution of India”.
The petition said the issue of alleged violence against Bihari migrants in Tamil Nadu was widely reported in media and the petitioner, from March 1 onwards, raised his voice by making videos on social media platforms and writing content on Twitter.
“It is pertinent to mention herein that the petitioner has been involved in ‘investigative journalism’ and has been critical in raising his voice against governmental actions through his various social media platforms,” the plea said.
It alleged that various complaints and FIRs on the same subject have been filed at the behest of the government in Bihar on “politically motivated grounds, precipitated with malice” against the petitioner.
It said Kashyap had surrendered before the police in Bihar on March 18 in connection with a previous case, and later on March 27, he was handed over to the Tamil Nadu Police.
“The multiple FIRs lodged against the petitioner is a blatant example of police power intended to cause a chilling effect on freedom of speech and expression of media,” the petition said.
It has also sought a direction that neither cognisance of any complaint be taken by any court nor any FIR be registered by the police on the cause of action as stated in the petition.
PTI