In a significant verdict, the Kerala High Court on Friday declared that the ownership certificate issued to actor Mohanlal for ivory articles in his possession was illegal. The court also struck down government orders issued in favour of the actor, terming them inconsistent with the Wildlife (Protection) Act, 1972.
A Division Bench comprising Justice A.K. Jayasankaran Nambiar issued the ruling while allowing a petition filed by retired Forest Officer James Mathew, who had challenged the legality of the certificate issued by the Principal Chief Conservator of Forests and Wildlife. The petitioner argued that the certificate was granted “in collusion” with the actor, long after the alleged seizure of the ivory items.
According to the petition, two pairs of elephant tusks and thirteen ivory artefacts were reportedly seized by the Income Tax Department from Mohanlal’s Kochi residence on July 22, 2011. At the time of the seizure, the actor did not have a legal ownership certificate, which was later issued retroactively by forest officials. The petitioner contended that this act violated multiple provisions of the Wildlife Protection Act and that no case had been registered concerning the illegal possession of the ivory artefacts.
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The court ruled that the ownership certificates issued in January and April 2016, as well as the government orders supporting them, were “legally unenforceable.” The Division Bench, however, refrained from delving into broader allegations about the manner of issuance, noting that doing so could influence the ongoing criminal proceedings against the actor.
“The State Government is at liberty to issue a fresh notification under Section 44 of the 1972 Act if it seeks to confer immunity to persons covered under the provision,” the court observed. The verdict is expected to reignite debate over ivory possession and enforcement of wildlife laws, especially concerning high-profile individuals.
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