The Kerala High Court has ruled that certificates issued by the state declaring famous Malayalam actor Mohanlal as the owner of two pairs of elephant ivory tusks and 13 ivory items were void and legally unenforceable. The verdict marks a setback for the superstar in the ongoing controversy surrounding his possession of ivory items.
Kerala HC declares actor Mohanlal’s ivory licenses void and unenforceable
The division bench comprising Justices AK Jayasankaran Nambiar and Jobin Sebastian set aside the Kerala government’s orders issued in February 2015 and February 2016, as well as the property certificates granted to Mohanlal in January and April 2016. The court held that the state had failed to comply with the mandatory legal requirements of the Wildlife (Protection) Act, 1972. Act) before issuing these certificates.
However, the court refrained from delving into the details of how the government’s power to issue these certificates was exercised, noting that such findings could prejudice Mohanlal in the ongoing criminal proceedings related to the case.
The judgment highlighted that the government was free to issue fresh notifications under Section 40 (4) of the Wildlife Protection Act. This provision allows the state to require anyone to report possession of wildlife items before granting certificates of ownership or legal immunity from prosecution for illegal possession.
The ruling follows two public interest petitions challenging the state’s notifications under Section 40(4), which allowed Mohanlal to declare his possession of ivory items before the chief wildlife warden. Following these declarations, the State had issued property certificates under Section 42 of the Act.
The petitioners argued that the notifications were illegal because they were never published in the Official Gazette – a mandatory legal requirement – and pointed out that no proper investigation had been carried out into the legality of the actor’s possession of the ivory items.
Mohanlal has always maintained that the ivory tusks were obtained legally and the certificates were issued directionally by the central government, through the Kerala government. Additionally, the State issued a certificate of no objection for the withdrawal of the case.
Nonetheless, the high court had earlier rejected the state’s request to withdraw the case in June 2022, a move challenged in 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 recent High Court judgment invalidates the ownership certificates, it gives the state the liberty to issue fresh notifications in accordance with law. The final verdict in the criminal case against Mohanlal remains awaited.
Also Read: Mohanlal-starrer Vrusshabha Locks Its Worldwide Release Date; expected to hit theaters in November
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