Kerala HC quashes ownership certificates: Mohanlal ivory case explained
What's the story
The Kerala High Court on Friday quashed the ownership certificates issued to actor Mohanlal for possessing ivory. The court ruled that the government's orders legalizing his possession were "illegal" and "unenforceable" in law. The decision came from a Division Bench comprising Justice AK Jayasankaran Nambiar and Justice Jobin Sebastian, who were hearing Public Interest Litigations (PILs) filed by James Mathew and Paulose against these certificates.
Allegations
Petitions claimed certificates were issued illegally
The petitioners argued that the certificates issued to Mohanlal were an attempt to legalize his illegal possession of ivory retrospectively. They alleged that these actions were the result of corruption and collusion. The Bench declared the 2016 government orders and ownership certificates for the ivory "void" and "illegal and unenforceable."
Judicial restraint
Court refrained from commenting on other issues
The Division Bench said, "We refrain from dealing with the arguments advanced on behalf of the petitioners as regards the manner in which the power to issue ownership certificates was exercised. We feel that any finding on those issues might prejudice the actor and the criminal proceedings pending against him." It also clarified that the state government could issue a new notification under Section 44 of the Wildlife Protection Act 1972.
Case history
Case dates back to 2011
The case dates back to 2011, when the Income Tax Department found illegal ivory at Mohanlal's Kochi property during a raid. At that time, he didn't have valid documents to possess these items. The Forest Department then filed a case against him under Section 50 of the Wildlife Protection Act for illegal possession of wildlife articles.
Legal proceedings
Legal battle continues for Mohanlal
In 2016 and 2019, Mohanlal requested the authorities to withdraw the case, claiming that he had purchased the ivory legally. After this claim, he received ownership certificates. However, in 2023, a Judicial Magistrate rejected the state's plea to withdraw criminal prosecution against him under the Wildlife Protection Act. The Kerala High Court later overturned this order and sent it back for reconsideration.