Category: law

The Kerala High Court has ruled that the State-issued certificates declaring renowned Malayalam actor Mohanlal as the owner of two pairs of elephant ivory tusks and 13 ivory artifacts are void and legally unenforceable. The verdict marks a setback for the superstar in the ongoing controversy surrounding his possession of ivory items. The Division Bench comprising Justice AK Jayasankaran Nambiar and Justice Jobin Sebastian struck down the Kerala government orders issued in February 2015 and February 2016, along with the ownership certificates granted to Mohanlal in January and April 2016. The court held that the State had failed to comply with mandatory statutory requirements under the Wildlife (Protection) Act, 1972, before issuing these certificates. However, the court refrained from delving into the specifics of how the government’s power to issue these certificates was exercised, noting that such findings could prejudice Mohanlal in ongoing criminal proceedings related to the case. The judgment highlighted that the government was at liberty to issue fresh notifications under Section 40(4) of the Wildlife (Protection) Act. This provision allows the State to request any person to declare possession of wild animal articles before granting ownership certificates or legal immunity against prosecution for illegal possession. The ruling came on two public interest litigation petitions challenging the State notifications under Section 40(4), which allowed Mohanlal to declare his possession of ivory artifacts before the Chief Wildlife Warden. Following these declarations, the State had issued ownership certificates under Section 42 of the Act. Petitioners argued that the notifications were unlawful as they were never published in the official gazette-a mandatory statutory requirement-and pointed out that no proper inquiry had been conducted into the legality of the actor’s possession of the ivory items. Mohanlal has consistently maintained that the ivory tusks were procured legally and that the certificates were issued directionally by the Central government through the Kerala government. Additionally, the State had issued a no-objection certificate for case withdrawal. Nonetheless, the magistrate court had earlier rejected the State’s plea to withdraw the case in June 2022, a decision contested before the Kerala High Court. The High Court partially allowed the State’s plea in February 2023, asking the magistrate to reconsider the withdrawal application. While the High Court’s recent judgment invalidates the ownership certificates, it grants the State the liberty to issue fresh notifications in accordance with the law. The final verdict in the criminal case against Mohanlal remains pending. Also Read: Mohanlal starrer Vrusshabha locks worldwide release date; set to hit theatres in November.