Mohanlal Ivory case: Kerala HC cancels ownership certificates; everything about

The Kerala High Court on Friday, October 24, canceled the ownership certificate issued to Malayalam actor Mohanlal for possessing ivory. The court ruled that the government’s orders to legalize his occupation were illegal and unenforceable in law.

According to Live Law, a division bench of the Kerala High Court, comprising Justice AK Jaishankaran Nambiar and Justice Jobin Sebastian, delivered the verdict on the PIL filed by James Mathew and Paulose challenging the certificates.

The petitioners claimed that the certificates issued to Mohanlal to retrospectively legalize illegal possession of ivory were the result of corruption and collusion. The bench declared the 2016 government orders and ownership certificates for ivory as “void” and “illegal and unenforceable”.

The Division Bench said, “We refrain from dealing with the arguments advanced on behalf of the petitioners regarding the manner in which the power to issue ownership certificates has been exercised. We feel that any finding on those issues may prejudicially affect the actor and the criminal proceedings pending against him.”

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It also clarified that the State Government was free to publish a new notification under Section 44 of the Wildlife Protection Act 1972 to provide immunity and benefits under the same provision as per the statutory framework.

charge

The actor was accused of illegally possessing two pairs of ivory tusks after an Income Tax Department raid in June 2012 found illegal ivory at his Kochi property. At that time, he lacked the necessary documentation to own these products. Accordingly, the Forest Department filed a case against him under Section 50 of the Wildlife Protection Act.

what he told the authorities

In January 2016 and September 2019, the actor requested the authorities to withdraw the case, claiming that the ivory was purchased legally. After this claim he received the certificate.

Later in 2023, a judicial magistrate rejected the state’s request to withdraw the criminal case against the actor under the Wildlife Protection Act. The Kerala High Court later overturned the magistrate’s decision and remanded the case for further consideration.