Supreme Court dismisses YouTuber Manish Kashyap's request to quash his detention under NSA

Today, the Supreme Court of India was hearing the matter related to the spread of fake news about the attacks on Bihar migrants in Tamil Nadu. The bench heard petitions filed by YouTuber Manish Kashyap who was accused of spreading fake news of attacks on Bihar migrants in Tamil Nadu by uploading fake videos on his YouTube channel. The case was mentioned before the Supreme Court bench including Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. CJI DY orally remarked, “You have a stable state, the state of Tamil Nadu. You circulate anything to create disquiet…we can’t be lending our ears to this…” The bench refused to entertain the petition seeking to club the FIRs registered against Manish Kashyap for spreading fake news. Also, the Supreme Court dismissed his request to quash his detention under the National Security Act. Further, the bench granted liberty to Kashyap to move to the High Court to seek relief. 

As soon as the hearing started, CJI asked “What is to be done? You produce these fake videos…” On the contrary, Senior Advocate appearing for Kashyap, Advocate Maninder Singh, submitted that the videos were made on the basis of media reports published by mainstream papers. He added, “If this boy has to be in jail, all journalists have to be in jail then” It was further submitted that the same information was reported in newspapers such as Dainik Bhaskar. The advocate further alleged that if YouTuber Manish Kashyap is to be arrested under NSA for spreading fake news then journalists of other newspapers should also be detailed under NSA. During the hearing, the Bihar Government counsel stated that Kashyap is a habitual offender, and cases for attempts to murder and extortion are filed against him. 

Moreover, Senior Advocate Kapil Sibal, appearing for the State of Tamil Nadu, said that Kashyap had an alternate remedy to approach the Madras High Court. The Tamil Nadu Government further told the bench that after disturbing public order and national integrity, he cannot “seek the shelter of the umbrella of constitutional rights”. In an affidavit, the state government said, “Freedom of speech is not absolute, and should be exercised with caution and responsibility.” Hearing the contentions of both parties, the Supreme Court bench rejected to entertain petitions and told Kashyap to move to the High Court.

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