Kochi: The Kerala High Court on Friday quashed the ownership certificates issued by the state government to Malayalam actor Mohanlal for possessing ivory, declaring them illegal and unenforceable.

A Division Bench comprising Justice AK Jayasankaran Nambiar and Justice Jobin Sebastian struck down two government orders and ownership certificates issued on January 16, 2016, and April 6, 2016, by the Principal Chief Conservator of Forests and Wildlife in favour of the actor. The court held the orders “void” and the certificates “illegal and unenforceable in law.”

However, the court clarified that the state government is free to issue a fresh notification under Section 44 of the Wildlife Protection Act, 1972, if it intends to confer immunity or benefits as per the statutory provisions.

The bench made it clear that it would not address the petitioners’ arguments on how the ownership certificates were issued, noting that any findings on those matters could prejudice Mohanlal in the ongoing criminal proceedings against him.

The judgment came in response to public interest litigations filed by James Mathew and Paulose, who had challenged the certificates, alleging that they were granted to retrospectively regularise the actor’s illegal possession of ivory through corruption and collusion.

The case dates back to June 2012, when the Income Tax Department recovered two pairs of ivory from Mohanlal’s Kochi residence during a raid. At the time, he reportedly did not have the ownership certificate required under the Wildlife Protection Act. Following the raid, the Forest Department booked him under Section 50 of the Act for illegal possession of ivory.

Mohanlal later applied to the government in January 2016 and again in September 2019, claiming that the ivory had been purchased legally and seeking withdrawal of the case. The government subsequently issued ownership certificates in his name.

In 2023, a Judicial Magistrate had dismissed the state’s plea to withdraw the criminal prosecution against the actor, but the Kerala High Court later set aside that order and directed a fresh consideration of the case.

With Friday’s verdict, the court has effectively nullified the ownership certificates granted to Mohanlal, while leaving the door open for the government to act afresh under the law.
(With LiveLaw inputs.)