Legally Unenforceable: Kerala High Court Rejects Mohanlal’s Ivory Ownership Certificates
The Kerala High Court ruled on Friday that the Forest Department’s ownership certificates for the ivory objects in actor Mohanlal’s possession were “void ab initio and legally unenforceable,” which was a significant blow to the actor.
The state government might, however, publish a new notice under Section 40(4) of the Wildlife (Protection) Act, 1972, if it wishes to let the actor keep the ivory products, according to a Division Bench of Justices AK Jayasankaran Nambiar and Jobin Sebastian.
According to news agency PTI, the ruling was in response to a petition filed by Paulose KA of Eloor, Kochi, contesting the notifications made by the state government under Section 40(4) of the Act, which had allowed Mohanlal to declare 13 ivory artifacts and two pairs of ivory tusks before the Chief Wildlife Warden and then obtain ownership certificates under Section 42.
The petitioner said that despite criminal proceedings against the ivory articles being ongoing before the Judicial First Class Magistrate Court, Perumbavoor, the Forest Department had granted the certifications.
After weighing the arguments on both sides, the court noted that while Mohanlal had cooperated with the government’s notifications requesting that he report his ivory holdings, the main question was whether or not the notifications met the standards of the law.
The state administration acknowledged not posting the notices in the official gazette, which is required by the Act, the Bench remarked.
The court said, “We are afraid we cannot accept the said contention of the State Government,” rejecting the government’s claim that enough exposure via other channels was sufficient.
The justices went on to say, “Section 40(4) contains special provisions that allow a State Government to grant immunity to individuals who would otherwise be in unlawful possession of animal trophies or articles.” According to the PTI article, “such power must be exercised strictly in the manner prescribed under the Act.”
“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,” the court said, invalidating the orders for failing to publish the notices in the official gazette. Additionally, it made clear that the legal necessity of gazette publishing could not be replaced by publication via electronic media.
As a result, the court said, “We conclude by holding that the government orders dated December 16, 2015, and February 17, 2016 are void ab initio and legally unenforceable.”
The court decided not to comment on the issuing of the ownership certificates themselves when overturning the government orders, citing the possibility that doing so may harm the actor in the continuing criminal proceedings.
However, the Bench clarified that, in accordance with the established legal processes, the state government may freely make a new notice under Section 40(4) of the Wildlife (Protection) Act, 1972.
After receiving a tip, the Income Tax Department searched Mohanlal’s home in Kochi’s Thevara neighborhood in June 2012. Four elephant tusks that were found during the search were turned over to the Forest Department by the IT Department. The Kodanad Range Forest filed a lawsuit against Mohanlal after the investigative team discovered that he had retained elephant tusks under the license of two other individuals despite not having the proper authorization to do so.
The actor was permitted to retain the tusks when the Forest Department changed the legislation. The Perumbavoor court had already dismissed the government’s move to drop the lawsuit against Mohanlal. In Mohanlal’s appeal against this, the High Court stayed the Magistrate’s Court’s ruling.