Kerala High Court Quashes Ownership Certificates Issued To Actor Mohanlal For Possessing Ivory

The Kerala High Court on Friday (October 24) held that the ownership certificates issued by the Kerala Government to Malayalam actor Mohanlal for possessing ivory are illegal and unenforceable in law.

A Division Bench comprising Justice AK 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 favour of the actor. The Court held the Government orders to be "void" and the certificates to be "illegal and unenforceable."

The Court however 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 as regards the manner in which the power to issue ownership certificates was exercised. The Court said that it was not going into that aspect because any finding on those issues might prejudice the actor in the criminal proceedings that are pending against him.

The bench passed the judgment in PILs filed by James Mathew and Paulose challenging the certificates which regularised the actor's possession of ivory. The petitioners had argued that the certificates granted to the actor to retrospectively regularise the illegal possession of ivory were a result of corruption and collusion.

The actor was 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 Wild Life Protection Act.

The actor had applied to the government in January 2016 and September 2019 respectively, 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.

To be updated after the judgment is uploaded.

Case : James Mathew v State of Kerala WP(C) 27187/ 2019 and Paulose v. Mohanlal WP(C) 11074/ 2019