Kerala High Court asks why no action against man who insulted Thulasithara which is sacred to Hindus

The Kerala High Court recently questioned why the police had not taken any legal action against a man alleged to have desecrated a Thulasithara (a platform for the Tulasi plant), which the Court observed was viewed as a sacred space in the Hindu religion. .The judge made the observation while granting bail to another man accused of sharing a video on social media about the incident.During hearings, the Court was told that the police had only booked 32-year-old Sreeraj for allegedly sharing the video. Sreeraj's counsel denied the commission of any wrongdoing and also argued that no case was filed against the man who allegedly engaged in the offensive act of placing hair from his private part on the Thulasithara.The Court was told that this was because the man who allegedly did the act - Abdul Hakkim - was a mental patient. .Justice PV Kunhikrishnan, however, expressed doubts over this claim since the Court was also told that Hakkim was the owner of a hotel at Guruvaryoor and even held a driver's licence. "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 ... 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," the Court remarked. The judge added that the police should ideally take legal action against Hakkim. "'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 ... 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," the Court said..The Court proceeded to grant bail to Sreeraj, while questioning why only he was booked when the allegedly offensive act was carried out by someone else. "Such a person (Hakkim) is set free by the police without registering a case and the petitioner herein is arrested and put behind the bar," the Court remarked. .By way of background, Sreeraj was accused of sharing a video on Instagram and Facebook on January 12, 2025, which showed a man named Abdul Hakkim insulting a Thulasithara. The police claimed the act (of sharing this video) was intended to provoke communal discord and registered a crime against Sreeraj at the Guruvayoor Temple Police Station, Thrissur. He was arrested as well.Initially, he was charged under Section 192 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which pertains to wantonly giving provocation with the intent to cause a riot. Later Section 196(1)(a) of the BNS, which deals with promoting enmity between different groups and disturbing communal harmony, was also charged against Sreeraj. Additionally, Section 120(o) of the Kerala Police Act, relating to penalty for causing nuisance and violation of public order, was also invoked.Sreeraj eventually moved a bail plea before the High Court requesting his release from custody..Sreeraj's counsel argued that the petitioner merely shared a widely circulated video and that the social media accounts in question did not belong to him. He contended that Sreeraj was being unfairly targeted while the person responsible for the offensive act remained free.The Public Prosecutor opposed the bail plea, stating that Hakkim had a mental issue and that Sreeraj had a criminal record involving three previous cases under Section 153A of the Indian Penal Code (promoting enmity between groups)..The Court eventually granted Sreeraj bail, subject to several conditions, including the furnishing a bond of ₹50,000 with two solvent sureties. Sreeraj was also asked to cooperate with the investigation, and refrain from committing similar offenses..Sreeraj was represented by advocates R Krishna Raj, R Pratheesh (Aranmula), ES Soni, Sreeraja V, Laxmi Priyaa NP, and Rajeesh VR, while Senior Public Prosecutor Hrithwik CS appeared for the State..[Read Order]