Read Time: 04 minutes
The complaint was lodged by a member of a core committee of a political party. Rajesh contended that his constitutional right to freedom of speech and expression, protected under Article 19(1)(a) of the Constitution of India, had been violated.
On July 20, a Sessions Court in Mumbai granted anticipatory bail to Marathi rapper Rajesh Mungase, who was booked for allegedly defaming Maharashtra Chief Minister Eknath Shinde.
The charges against Rajesh were filed under Section 501, Section 504, and Section 505 of the Indian Penal Code following a complaint lodged by a member of a core committee of a political party. The complaint was triggered by a video posted on Twitter by the rapper, suggesting that Shinde's party had received funds from another political group.
In his plea, Rajesh contended that his constitutional right to freedom of speech and expression, protected under Article 19(1)(a) of the Constitution of India, had been violated. He argued that he had raised his voice against the injustices faced by the general public at the hands of certain political party members. His intention was not to target any specific individual but to highlight social and political issues before the public.
The prosecution strongly opposed the application, citing the objectionable nature of the wordings used in the rap songs and pointing out the potential risk of law and order disturbance in the State due to the conduct of some members of political parties. They also expressed concerns that if released on bail, the applicant might repeat such actions.
Earlier, Rajesh was granted interim protection by Sessions Judge RG Waghmare. On July 20th, the same judge subsequently granted him anticipatory bail.
While granting bail the sessions judge observed that the video is already available on social media and hence, for the recovery of the same, there is no need for physical custody of Rajesh.
“From the allegations against the applicant and the say filed by prosecution, it does not appear that the electronic instruments are the material evidence in this crime by which it is alleged that the rap song has been composed. The video is already available on social media and hence, for the recovery of the same, there is no need of physical custody of the applicant,” the court observed.
Case title: Rajesh Mungase vs State of Maharashtra & Ors
Please Login or Register
