The Kerala High Court recently delivered a significant verdict, declaring the ownership certificates for ivory items held by acclaimed actor Mohanlal as “illegal and unenforceable.” This decision stems from a case that dates back to 2011, when various ivory artifacts were found at his Kochi residence.
The ruling was made by a Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian, in response to Public Interest Litigations (PILs) filed by James Mathew, a former Forest officer, and Paulose A.A. of Ernakulam. Both petitioners had strongly challenged the legitimacy of the ownership certificates granted to the actor.
According to Mr. Mathew’s petition, Income Tax officials initially discovered two pairs of elephant tusks along with thirteen other ivory artifacts at Mohanlal’s home. Following this discovery, the Forest department initiated a case against the actor and three other individuals before the Judicial First Class Magistrate in Perumbavoor.
A key point highlighted by the petitioner was that Mohanlal did not possess the required certificate of possession under the Wildlife (Protection) Act of 1972 at the time the ivory items were seized. The petition alleged that a certificate was later issued by the Principal Chief Conservator of Forest through improper means, violating the Act. Furthermore, it was noted that no separate case was registered for the possession of the thirteen ivory artifacts.
The court definitively invalidated the ownership certificates that the Kerala government had issued to the actor in both 2016 and 2017, branding them as legally invalid.
While nullifying these government orders and certificates, the court consciously chose not to delve into arguments regarding how the power to issue such certificates was exercised. The bench explained that any findings on this specific aspect could potentially harm the actor’s position and influence the ongoing criminal proceedings against him.
Nevertheless, the High Court did clarify that the State government retains the authority to issue a new notification under Section 44 of the Wildlife Protection Act. This provision allows for immunity to be granted to certain individuals or groups as outlined by the statute.