Kerala HC directs police to take action against man who 'desecrated' thulasithara

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The Kerala High Court has directed the police to take appropriate action against Abdul Hakkim, who is accused of plucking hair from his private parts and placing it in the Thulasithara, a “sacred site” in the Hindu religion. Justice PV Kunhikrishnan observed that such acts could hurt the religious sentiments of Hindus and expressed concern over the lack of legal action against Hakkim.
The court’s remarks came while granting bail to Sreeraj, who was arrested for uploading a video of the incident on Facebook and Instagram. The prosecution argued that the video was shared to promote religious enmity and initially charged Sreeraj under Section 192 of the Bharatiya Nyaya Sanhita (BNS) (wantonly giving provocation with intent to cause riot). The charges were later amended to Section 196(1)(a) (promoting enmity between different religious groups) of the BNS and Section 120(o) of the Kerala Police Act (penalty for causing public nuisance and violation of public order).
Sreeraj contended that he merely shared a video already circulating on social media and pointed out that no action had been taken against Abdul Hakkim, the person responsible for the act.
The Court highlighted that Hakkim owns a hotel near the Guruvayoor Temple and holds both a hotel licence and a driving licence. It questioned how he could manage these responsibilities if he were mentally ill, as claimed by the prosecution. Justice Kunhikrishnan emphasised the need to investigate Hakkim’s mental health status and the circumstances under which he continues to operate the hotel and drive a vehicle.
“I am of the considered opinion that the police should take appropriate action against Mr Abdul Hakkim in accordance with the law,” the Court stated, directing the investigating officer to verify Hakkim’s mental condition and his ability to hold official licences. The bail application for Sreeraj was subsequently allowed.
(With inputs from LiveLaw)