‘Legally Unenforceable’: Kerala HC Quashes Ivory Ownership Certificates Issued To Mohanlal

In a major setback for actor Mohanlal, the Kerala High Court on Friday declared the Forest Department’s ownership certificates for ivory items in his possession “void ab initio and legally unenforceable.”

However, a Division Bench of Justices AK Jayasankaran Nambiar and Jobin Sebastian clarified that the state government could issue a fresh notification under Section 40(4) of the Wildlife (Protection) Act, 1972, if it intends to allow the actor to retain the ivory articles.

The verdict came in response to a petition filed by Paulose KA of Eloor, Kochi, challenging the state government’s notifications under Section 40(4) of the Act, which had permitted Mohanlal to declare two pairs of ivory tusks and 13 ivory artefacts before the Chief Wildlife Warden and subsequently obtain ownership certificates under Section 42, news agency PTI reported.

The petitioner contended that the Forest Department had issued the certificates even though criminal proceedings concerning the ivory items were already pending before the Judicial First Class Magistrate Court, Perumbavoor.

After considering the arguments from both sides, the court observed that while the government had issued notifications asking Mohanlal to declare his ivory possessions and the actor had complied, the key issue was whether those notifications fulfilled the statutory requirements.

The Bench noted that the state government had admitted to not publishing the notifications in the official gazette—a mandatory requirement under the Act.

Rejecting the government’s argument that sufficient publicity through other means was enough, the court said, “We are afraid we cannot accept the said contention of the State Government.”

The judges further explained, “The provisions of Section 40(4) are special provisions that empower a State Government to confer immunity on persons otherwise in unlawful possession of animal articles or trophies. Such power must be exercised strictly in the manner prescribed under the Act,” according to PTI report.

The court held that the omission to publish the notifications in the official gazette invalidated the orders, stating that “when a statutory power is not exercised in the manner prescribed under the Act, then that power cannot be seen as having been exercised at all.” It also clarified that publication through electronic media could not replace the statutory requirement of gazette publication.

“We therefore conclude by holding that the government orders dated December 16, 2015, and February 17, 2016, are void ab initio and legally unenforceable,” the court noted.

While striking down the government orders, the court chose not to comment on the issuance of the ownership certificates themselves, noting that any such observations could prejudice the actor in the ongoing criminal proceedings.

The Bench, however, made it clear that the state government is free to issue a fresh notification under Section 40(4) of the Wildlife (Protection) Act, 1972, in compliance with the prescribed legal procedures.

IT Department Raided Mohanlal’s House In 2012, Seized 4 Elephant Tusks 

In June 2012, the Income Tax Department had raided Mohanlal’s house in the Thevara area of Kochi following a tip-off. The IT Department handed over the four elephant tusks seized during the search to the Forest Department. The investigation team found that Mohanlal, who did not have permission to keep elephant tusks, had kept them under the license of two other people, prompting the Kodanad Range Forest to register a case in this regard.

The Forest Department, which later amended the law, allowed the actor to keep the tusks. The government’s decision to withdraw the case against Mohanlal was earlier rejected by the Perumbavoor court. The High Court had stayed the order of the Magistrate’s Court in the appeal filed by Mohanlal against this.