'Thulasithara Sacred For Hindus' : Kerala High Court Directs Police To Take Action Against Man Who Put Pubic Hair In Tulsi

Justice P.V.Kunhikrishnan observed that no action was taken against the accused, Abdul Hakkim and that no case was also registered against him. 

“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.”

The Court passed the above order in a bail application filed by Sreeraj who was arrested for uploading the video of Abdul Hakkim insulting the Thulasithara in his Facebook and Instagram account.

Crime was registered against Petitioner by stating that Abdul Hakkim is a mentally ill person and that the Petitioner uploaded the video to promote religious enmity. Crime was registered under Section 192 (wantonly giving provocation with intent to cause riot) of the BNS, which was later converted to 196 (1)(a) (promoting enmity between different groups of religion) of the BNS and Section 120 (o) (penalty for causing public nuisance and violation of public order) of the Kerala Police Act.

The Petitioner submitted before the Court that he merely shared a video which was already available on the social media. He also argued that no action is taken against the person who committed the act.

The Court noted that no case is registered against Abdul Hakkim. It found that Abdul Hakkim owns a hotel in Guruvayoor and holds its licence. The Court also found that Abdul Hakkim has a driving licence also.

The Court thus stated that appropriate action has to be taken against Abdul Hakkim. It stated that prima facie it does seem like Abdul Hakkim has any mental illness. The Court has also directed investigation regarding his mental status and how he is running a hotel and holding driving licence if he is mentally ill. 

Court said, “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. The counsel for the petitioner submitted that he is having a driving license. If he is a mental patient, how he is allowed to drive the vehicle is also a matter to be investigated by the Investigating Officer.”

Accordingly, the Court allowed the bail application of the Petitioner.

Counsel for Petitioner: Advocates R.Krishna Raj, R.Pratheesh (Aranmula), E.S.Soni, Sreeraja V., Laxmi Priyaa N.P., Rajeesh V.R.

Counsel for Respondents: Public Prosecutor Hrithwik C S

Case Title: Sreeraj R v State of Kerala

Case No: BAIL APPL. NO. 3782 OF 2025

Citation: 2025 LiveLaw (Ker) 193

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