The Kerala High Court on Friday scrapped two state government orders and ownership certificates issued to actor Mohanlal over ivory possession.
Calling the orders "void" and the certificates "illegal and unenforceable in law", a division bench comprising Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian said the government failed to follow mandatory procedures under the Wildlife Protection Act, 1972.
It said the Kerala government can issue a fresh notification under Wildlife Protection Act, 1972, if the government wants to confer immunity under the statutory provisions, reported Live Law.
However, it refrained from examining how the certificates were issued, saying such findings could affect pending criminal proceedings against Mohanlal.
“We therefore conclude by holding that the government orders dated 16-12-2015 and 17-2-2016 are void and have been issued illegally and are unenforceable,” the court said.
The Principal Chief Conservator of Forests and Wildlife issued the orders in February 2015 and February 2016 and certificates on January 16, 2016, and April 6, 2016.
The court's decision was issued in response to petitions filed by James Mathew and Paulose, who claimed that the certificates were issued retrospectively to legalise Mohanlal's ivory possession.
The ivory case explained
In June 2012, the Income Tax Department seized two pairs of ivory from Mohanlal's Kochi residence. He reportedly did not have the ownership certificates and was booked by the forest department under Wildlife Protection Act Section 50 over illegal possession.
Following this, Mohanlal sought withdrawal of the case and claimed that the ivory was procured legally. Later, the government issued ownership certificates in his name.
The Kerala government had also sought to withdraw the case against him later, but the Perumbavoor magistrate court dismissed the petition in 2022. The high court stayed the trial under the Wildlife Protection Act in September 2023.
