TN fake news case: Supreme Court gives OpIndia editor, CEO protection from arrest, asks them to approach Madras HC

“We direct there shall be no coercive action against them for four weeks,” the bench said, adding the plea for quashing the FIR may be filed in the meantime before the court concerned.

“Jethmalani, how can we quash the FIR under Article 32 of the Constitution? You please go to the Madras High Court,” the bench said.

Soon after the Supreme Court directive, Sharma took to Twitter, profusely thanking the lawyers “for representing us in this case, pro bono”.

“Their faith, support, and counsel give us the strength and courage to carry on without fear of such malicious prosecution,” she added.

Also read: How media, BJP leaders peddled misinformation

How the fake videos issue blew up

In end-February, videos making the fake claim that migrants were being attacked and killed in Tamil Nadu for speaking Hindi were circulated by some social media handles and even by a some prominent Hindi media outlets.

These were amplified on social media by several leaders of the BJP, especially those from Bihar and Uttar Pradesh.

Although the Tamil Nadu police as well as the ruling DMK issued several clarifications, and independent fact-checkers called out the fake news, the videos continued circulate, leading to a slugfest between the BJP and the DMK in Tamil Nadu.

Several mainstream Hindi media outlets like Punjab Kesari Bihar-Jharkhand, Dainik Bhaskar, ABP Bihar, and Zee Bihar-Jharkhand aired or printed the news, and pushed the videos on social media as well, even when the Bihar government, too, issues a clarification on the matter.

The Tamil Nadu police said on 4 March that cases have been filed against several people, including journalists, for spreading false information. Among those booked were the CEO and editor of the news website OpIndia.

Related: Bihar unit peddled fake news, says BJP TN vice-president

The police formed special teams to apprehend those booked and stepped up vigilance in areas where Hindi-speaking migrants lived in Tamil Nadu.

The Cyber Crime Wing of the Tamil Nadu Police also booked state BJP chief K Annamalai for instigating hatred and violence by peddling disinformation on the migrant workers’ issue, even as the party vice president blamed the BJP and UP arms of the BJP for spreading fake news without verifying it.

Also read: BJP’s Prashant Umrao gets bail in migrant workers fake news case

Why National Security Act?

In a separate but related development, the Supreme Court sought to know from the Tamil Nadu government why the National Security Act (NSA) was invoked against YouTuber Manish Kashyap, the alleged mastermind in the fake news case.

A bench of Chief Justice Chandrachud and Justice Narasimha was hearing Kashyap’s plea seeking the clubbing of First Information Reports (FIRs).

“NSA against him? NSA? We will club the FIRs but NSA,” Bar and Bench quoted the Chief Justice as asking.

Indicating its inclination to transfer all cases to Bihar, the bench allowed Kashyap to amend his petition to challenge the invocation of the NSA against him.

Kashyap, however, will have to remain in the Madurai Central Jail till the next hearing.

Appearing for Tamil Nadu, Senior Advocate Kapil Sibal submitted that Kashyap had gone to Tamil Nadu, interviewed people, shot videos and fabricated the false narrative.

Kashyap was arrested from Bettiah in Bihar on 18 March.

In the videos posted on his Twitter handle, he claimed that the migrant workers from Bihar were subjected to torture and even hanged to death in Tamil Nadu for speaking in Hindi.

The Tamil Nadu police have registered eight cases and invoked the NSA against him, while the Bihar police registered 13 cases.

Kashyap surrendered before the Champaran Police in Bihar last month, while the Economic Offence Unit was in the process of attaching his house.

(With PTI inputs)