HC strikes down ownership certificates issued to actor Mohanlal for possessing ivory

The Kerala High Court on Friday held that the ownership certificates given by the Principal Chief Conservator of Forest and Wildlife to Malayalam actor Mohanlal for possessing the ivory items are illegal and unenforceable in law.

A Division Bench, comprising Justice AK Jayasankaran Nambiar and Justice Jobin Sebastian, held that state-issued certificates that declared Mohanlal as the owner of two pairs of elephant ivory tusks and 13 ivory artifacts were void and legally unenforceable.

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Striking down the Government Orders and ownership certificates dated January 16, 2016, and April 6, 2016, the court said that the government had failed to comply with statutory requirements under the Wildlife (Protection) Act, 1972, before issuing the same.

The court, however, 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. It said 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.

“We, therefore, conclude by holding that the government orders dated 16.12.2015 and 17.02.2016 are void ab initio and legally unenforceable. However, while striking down the said government orders, as also the ownership certificates dated 16.01.2016 and 06.04.2016 issued to the respondent actor pursuant thereto, as illegal and unenforceable, we refrain from dealing with the arguments advanced on behalf of the writ petitioners as regards the manner in which the power to issue the ownership certificates in question were exercised. We feel that any finding on the said issues might prejudice the respondent actor in the criminal proceedings that are pending against him,” the court said.

The court clarified that the government was at liberty to issue a fresh notification under Section 40(4) of the Act, which empowers the state to call on any person to declare any wild animal article in his custody. Such a declaration is required before the state may grant such persons ownership certificates or any immunity from criminal prosecution under the Wildlife Protection Act for illegally possessing animal articles, the court said.

The judgment was passed on two public interest litigation (PIL) petitions filed by James Mathew and Paulose AA.

The actor was booked for illegal possession of the 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.

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 high court set aside the Magistrate’s order and remanded the matter for fresh consideration.