'Thulasithara' Sacred For Hindus, Abdul Hakkim Prima Facie Has No Mental Issue: Kerala High Court Calls For Action Against Man Who Put Pubic Hair On Tulasi
The Kerala High Court granted bail to the man who uploaded the video where Abdul Hakkim is seen plucking hair from his private part and putting it in the “Thulasithara.”
While remarking that prima facie he has no mental issues, the Kerala High Court has ordered the police to take appropriate action against Abdul Hakkim, the owner of a Hotel on the premises of Guruvayoor Temple.
The Court made the observations while granting bail to the man who was charged under Section 196(1)(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 120(o) of the Kerala Police Act for allegedly uploading a video, which the Prosecution alleged was shared to promote enmity between religions. In the video, Abdul Hakkim is seen plucking hair from his private part and putting it in the “Thulasithara”. Thulasithara is an elevated platform placed in front of Hindu households containing a tulsi plant on it for worship. However, no case has been registered against Abdul Hakkim as the police claimed that he was ‘mentally ill’.
A Single Bench of Justice PV Kunhikrishna held, “I am of the considered opinion that the police should take appropriate action against Mr. Abdul Hakkim, in accordance with law. From the facts it is not clear whether he is a mental patient. Even if he is a mental patient, how he is continuing as the licensee of a hotel which is situated within the premises of Guruvayoor Temple, is a question to be investigated by the Investigating Officer.”
Advocate R. Krishna Raj appeared for the Petitioner, while Senior Public Prosecutor Hrithwik C S represented the Respondents.
Brief Facts
The Prosecution alleged that the Petitioner, who operates social media accounts, uploaded a video of Abdul Hakkim allegedly insulting the ‘Thulasi plant,’ a sacred place for the Hindus.
Court’s Reasoning
The High Court stated that the video did not prima facie show that the person who committed the same had any mental issues.
“Admittedly no action is taken against that person by the police authorities. “Thulasithara” is a sacred place as far as Hindu religion is concerned. In the video, it can be seen that, the above Abdul Hakkim plucked hairs from his private part and putting it in the “Thulasithara”. It will definitely infringe the sentiments of Hindu religions. It seems that, no case is registered against Abdul Hakkim. It seems that he is the owner of a Hotel in the premises of Guruvayoor Temple,” the Court remarked.
The Bench noted, “Even now that hotel is functioning, in which it seems that the person who committed the mischief is continuing as the owner and license holder. The counsel for the petitioner also submitted that he is even having a driving license. Such a person is set free by the police without registering a case and the petitioner herein is arrested and put behind the bar.”
Consequently, the Court held, “I am of the considered opinion that the petitioner is entitled bail in this case.”
Accordingly, the High Court allowed the Bail Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Cause Title: Sreeraj R v. State of Kerala & Anr. (Neutral Citation: 2025:KER:23285)
Appearance:
Petitioner: Advocates R.Krishna Raj, R.Pratheesh (Aranmula), E.S.Soni, Sreeraja V., Laxmi Priyaa N.P. and Rajeesh V.R.
Respondents: Senior Public Prosecutor Hrithwik C S
