The Kerala High Court has ruled that the certificates issued by the state declaring famous Malayalam actor Mohanlal as the owner of two pairs of elephant tusks and 13 ivory artefacts are invalid and legally unenforceable. The decision is a setback for the superstar in the ongoing controversy over possession of ivory items.
Kerala High Court declares actor Mohanlal’s Ivory License void and unenforceable
A division bench of Justice AK Jaishankaran Nambiar and Justice Jobin Sebastian quashed the ownership certificates granted to Mohanlal in January and April 2016, as well as the Kerala government orders issued in February 2015 and February 2016. The court held that the State had failed to comply with the mandatory statutory requirements under the Wildlife (Protection) Act, 1972, before issuing these certificates.
However, the court refrained from giving detailed information on how the government’s power to issue these certificates was used, noting that such findings could adversely affect Mohanlal in the ongoing criminal proceedings related to the case.
The judgment highlighted that the government is free to issue new notifications under Section 40(4) of the Wildlife (Protection) Act. This provision allows the State to request any person to declare his possession of wild animal items before granting him a certificate of ownership or legal immunity against prosecution for illegal possession.
The judgment came on two PILs challenging the state’s notifications under Section 40(4) that had allowed Mohanlal to declare his possession of ivory artefacts before the Chief Wildlife Warden. Following these declarations, the State had issued ownership certificates under Section 42 of the Act.
The petitioners argued that the notifications were unlawful because they were never published in the Official Gazette – a mandatory statutory requirement – and pointed out that no proper investigation was conducted into the legality of the actor’s possession of the ivory items.
Mohanlal has consistently maintained that the ivory was purchased legally and the certificates were issued directly by the Central Government through the Kerala Government. Additionally, the State had issued a No Objection Certificate for withdrawal of the case.
However, the magistrate court had earlier rejected the state’s plea to withdraw the case to June 2022, a decision which was challenged in the Kerala High Court. The High Court partially accepted the state’s plea in February 2023, asking the magistrate to reconsider the withdrawal application.
While the recent judgment of the High Court has invalidated the ownership certificates, it gives freedom to the state to issue new notifications as per law. The final verdict in the criminal case against Mohanlal is pending.
Also Read: Mohanlal starrer Vrishabh’s worldwide release date finalised; Set to release in theaters in November
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