The Kerala High Court has declared the ownership certificates issued to actor Mohanlal for possessing ivory as illegal and unenforceable. A Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian struck down the Government Orders and ownership certificates dated January 16, 2016, and April 6, 2016, issued by the Principal Chief Conservator of Forests and Wildlife in favor of the actor. The Court held the Government orders to be "void" and the certificates to be "illegal and unenforceable."
However, the Court clarified that the State Government is at liberty to issue a fresh notification in terms of Section 44 of the Wildlife Protection Act, 1972, for conferring the immunity and benefits under the said provision as per the statutory scheme. The Court refrained from dealing with the arguments advanced on behalf of the writ petitioners regarding the manner in which the power to issue ownership certificates was exercised, stating that any finding on those issues might prejudice the actor in the criminal proceedings that are pending against him.
The judgment was delivered in Public Interest Litigations filed by James Mathew and Paulose, challenging the certificates that regularized the actor's possession of ivory. The petitioners argued that the certificates granted to the actor to retrospectively regularize the illegal possession of ivory were a result of corruption and collusion.
The actor had been booked for illegal possession of two pairs of ivory after the Income Tax Department recovered illegal ivory from his Kochi residence in a raid in June 2012. At the time, he did not have the certificate to possess these items. A case was accordingly registered against him by the Forest Department under Section 50 of the Wildlife Protection Act. Subsequently, the actor applied to the government in January 2016 and September 2019, urging it to withdraw the case, claiming that the ivory was purchased legally. Following this claim, he was issued the certificates.
In 2023, a Judicial Magistrate had dismissed the State's plea to withdraw the criminal prosecution against the actor under the Wildlife Protection Act. However, later, the Kerala High Court set aside the Magistrate's order and remanded the matter for fresh consideration.
The Court's decision underscores the importance of adhering to legal procedures and statutory requirements in matters concerning wildlife protection and the possession of wildlife articles. It also highlights the judiciary's role in ensuring accountability and transparency in the issuance of certificates that have legal implications.
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