The Supreme Court on April 11, 2023 sought responses from the States of Tamil Nadu, Bihar and the Centre to a plea by YouTuber Manish Kashyap to club multiple FIRs registered against him for allegedly spreading misinformation about violence against Bihari migrant workers in Tamil Nadu.
A Bench of Justices Krishna Murari and Sanjay Karol gave the three governments a week to file their replies to the petition and posted the case for hearing on April 21.
Senior advocate Siddharth Dave said Kashyap, who is currently under detention in Tamil Nadu and also booked under the National Security Act (NSA), is a journalist and hounded for exercising his right to free speech.
Mr. Dave said a total of five separate FIRs have been registered in March against his client in Bihar and Tamil Nadu on the basis of his social media stories and Twitter content. He argued that multiple FIRs inter-State cannot be filed on the basis of the same facts. The senior lawyer contended that Kashyap was taken to Tamil Nadu on a production warrant as soon as Bihar Police arrested him.
“This way he will continuously be on remand,” Mr. Dave said.
He said his videos and tweets were in Hindi. The cause of action against him arose in Bihar. He should be investigated in Bihar and not Tamil Nadu.
“In Tamil Nadu, I don’t even speak the language. It is causing me grave hardship,” Mr. Dave submitted on behalf of his client.
Senior advocate Kapil Sibal, for Tamil Nadu, countered that Kashyap’s actions had resulted in serious consequences in the State..
“They resulted in deaths and migrants have gone out of Tamil Nadu,” Mr. Sibal submitted.
He said there was no question of clubbing the FIRs in Tamil Nadu with those in Bihar as they were posted from “different URLs, showed different content and the offences were quite different”.
“The information his videos showed were fake,” Mr. Sibal said.
Mr. Dave said Mr. Sibal usually represented individuals fighting for their rights and not for the State.
“But I am against fake news and hate speech,” Mr. Sibal replied.
Justice Murari orally said there should be no further coercive action against Kashyap with the apex court in seisin of the case.
“But he is already in detention. He is booked under NSA,” Mr. Sibal addressed the court.
“This is amazing… The State is treating him as a dreaded person by booking him now under NSA as if he is a threat to the sovereignty and integrity of the nation,” Mr. Dave objected.
“We would have protected you (Kashyap), but you are already in detention,” Justice Murari told Mr. Dave.
Mr. Dave urged the court to direct the State not to take Kashyap on production warrants in other cases in the meanwhile.
“Well, wait for a week,” Justice Murari responded.
