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The rapper was booked under the Indian Penal Code after a complaint was filed by a member of the Yuvasena Core Committee.
The Kalyan Sessions Court today granted interim relief to Rajesh Mungase, a Marathi rapper, booked under the Indian Penal Code for allegedly writing a defamatory song against the Eknath Shinde-led government in Maharashtra.
The sessions court asked the state government to file a reply and directed the police to not arrest the rapper till April 24.
A complaint was made against the rapper by Snehal Dilip Kamble who is the Yuvasena core committee member alleging that the rapper had made an objectionable Marathi rap song that was defamatory to Shiv Sena and BJP's alliance government. Subsequently, an FIR was registered and the rapper was booked under Section 501, 504, 505(2) of the Indian Penal Code.
The anticipatory bail plea filed by the rapper stated that lodging of such FIR was against his fundamental right and it was an assault on his democratic right.
“The present FIR against the present Applicant is contrary to the violations of provisions of law but assault on democratic right of the Petitioner as well the Fundamental Right of the Applicant as well the of Freedom of speech of expression, as guaranteed by the Constitution of India under Article 19(1) (a), was prima facie thoroughly violated by the over – action of the Police in the present case,” his plea stated.
The plea further stated that the FIR was lodged since the rapper was raising pertinent social issues and the FIR had been filed with the sole intention to stifle the voice of upcoming rap songs that speak against the government.
He contended that the video based on which the FIR was filed was with the police officials, therefore, no custodial interrogation was required.
The court agreed with the contentions raised by the rapper and granted him interim protection till the next date.
Case Title: Rajesh Bhikchand Mungase vs State of Maharashtra
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