On YouTuber plea, SC to Tamil Nadu: Will club FIRs with Bihar, but why invoke NSA?

The bench allowed Kashyap to amend his plea to challenge the imposition of NSA. The court orally remarked that it would transfer the FIRs to Bihar, and fixed the hearing for next week.

Sibal opposed the FIRs being transferred to Bihar and said that they relate to separate incidents. He said Kashyap, who had 60 lakh followers, had gone to Tamil Nadu, interviewed people and made fake videos alleging that migrant labourers from Bihar were being attacked.

He said Kashyap is a politician and had contested elections.

The bench, however, said the “drift of all his videos are one and the same — that Bihari migrants are being attacked. Therefore we are not quashing prosecution at all. But regarding the posts, let all of them be investigated by the same agency.”

Senior advocate Sidharth Dave, who appeared for Kashyap, said he was already in custody in Bihar and Tamil Nadu police had taken him on a production warrant.

On Sibal’s contention that Kashyap had gone to Tamil Nadu, Dave said he had done that to verify (allegations of migrant workers coming under attack). “If not verified, they would say he was sitting in Bihar and tweeting from there without coming and verifying…. If I go to TN, (you say) I am inciting…I don’t understand this.”

Dave contended that the invocation of NSA is mischievous.

The counsel appearing for Bihar said Kashyap’s conduct is not only confined to the posting of videos but there are eight criminal cases pending against him. The State called him a “habitual offender”.

Adjourning the matter, the bench agreed to Dave’s request that Kashyap not be moved from Madurai central jail, where he is lodged.