The Kerala High Court has directed the police to take appropriate action against Abdul Hakkim, the owner of a hotel on the premises of the Guruvayoor Temple, after observing that he does not appear to have any mental health issues.

The Court made these remarks while granting him bail in a case registered under Section 196(1)(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 120(o) of the Kerala Police Act.

The charges stem from a video allegedly shared to incite religious enmity, in which Hakkim is seen plucking hair from his private parts and placing it in the “Thulasithara,” an elevated platform in Hindu households used for worshipping the tulsi plant. Notably, despite the allegations, no case was initially registered against him, as the police had claimed 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 represented the petitioner, while Senior Public Prosecutor Hrithwik C.S. appeared for the respondents.

The Prosecution claimed that the petitioner, who manages social media accounts, uploaded a video of Abdul Hakkim allegedly desecrating the ‘Thulasi plant,’ a site of religious significance for Hindus.

The High Court observed that the video did not, at first glance, indicate that the individual involved had any mental health 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.