The Kerala High Court has affirmed that ‘Thulasithara’ (a raised platform where the holy basil is grown) holds sacred significance in Hinduism and that any desecration of it is an infringement on Hindu religious sentiments.

A single-judge bench of Justice PV Kunhikrishnan made this observation while granting bail to Sreeraj R from Alappuzha. Sreeraj had been arrested for uploading a video on Facebook and Instagram that showed Abdul Hakeem allegedly insulting a ‘Thulasithara.’

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“The Thulasithara is a sacred place in Hinduism. The video shows Abdul Hakeem plucking hairs from his private parts and placing them in the Thulasithara. This act undoubtedly infringes upon the religious sentiments of Hindus. It appears that no case has been registered against Abdul Hakeem, who is reportedly the owner of a hotel on the premises of Guruvayoor Temple,” the court observed.

The High Court directed the state police to take “appropriate action in accordance with the law” against the person seen in the video desecrating the Thulasithara.

The Guruvayoor police had initially registered a case against Sreeraj for sharing the video, charging him with promoting enmity between religious communities. However, the court questioned why action was taken against Sreeraj while the alleged perpetrator of the offensive act remained free.

“Such a person (Hakeem) is set free by the police without registering a case, while the petitioner is arrested and put behind bars,” the court remarked.

The prosecution argued that Abdul Hakeem was a mentally disturbed individual, but the court dismissed this claim, questioning how he was still permitted to operate a business on temple premises and drive a vehicle.

“If he is indeed a mental patient, how is he allowed to run a hotel within the Guruvayoor Temple premises? How is he permitted to drive a vehicle? These are matters that require further investigation,” the court stated.

Sreeraj’s counsel argued that his client merely shared a widely circulated video and that the social media accounts in question did not belong to him. The defense contended that Sreeraj was being unfairly targeted while the person responsible for the offensive act remained unpunished.

Initially, Sreeraj was charged under Section 192 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which pertains to wantonly provoking with intent to cause a riot.

Later, Section 196(1)(a) of the BNS, dealing with promoting enmity between groups and disturbing communal harmony, was also invoked. Additionally, Section 120(o) of the Kerala Police Act, which penalizes acts causing nuisance and public disorder, was applied.