The Supreme Court on Monday refused to quash the invocation of the National Security Act and the registration of multiple FIRs against a YouTuber who had allegedly spread fake news about attacks on migrant Bihari labourers in Tamil Nadu, spreading panic and unrest.

"You cannot circulate anything and create a problem in a stable state,” the court told senior advocate Maninder Singh who was representing the accused, Manish Kashyap.

The bench of Chief Justice D.Y. Chandrachud and Justices P.S. Narasimha and J.B. Pardiwala also declined to club the 19 FIRs registered against Kashyap in Bihar and Tamil Nadu.

However, it said that Kashyap can petition Madras High Court to quash the invocation of the NSA, and the relevant high courts (Madras and Patna) to quash the FIRs.

“The petition is accordingly dismissed. However, the petitioner will be at liberty to pursue his remedies in accordance with law, including in respect of the order of detention under the National Security Act 1980,” the court said.

The NSA allows a person to be detained without charge for up to 12 months.

Kashyap is in judicial custody in a Madurai jail, having surrendered before a Bihar court and been taken to the southern state.

Senior advocate Kapil Sibal, appearing for Tamil Nadu, and the counsel for the Bihar government had opposed Kashyap’s plea.

At the last hearing, Justice Chandrachud had questioned the Tamil Nadu government for invoking the NSA against Kashyap. The state government later defended the move in an affidavit.

During Monday’s hearing, Singh told the bench that the Supreme Court had in several earlier judgments ruled that the NSA cannot be invoked indiscriminately against citizens.

He also cited an instance of the apex court quashing an order passed under the NSA against Manipur journalist Kishorchandra Wangkhemcha.

Singh submitted that Kashyap had merely reproduced news reported by some mainstream news outlets. If Kashyap is to be arrested, the journalists responsible should also be arrested, he argued.