Mix of Good And Bad Experience for Mohanlal In Ivory Possession Case

In the decade-old illegal ivory possession case, actor Mohanlal has suffered a setback. The actor's plea for quashing an order related to the case has been dismissed by the Kerala High Court on Wednesday.

Thiruvananthapuram, Feb 22, (BPNS)

In the decade-old illegal ivory possession case, actor Mohanlal has suffered a setback. The actor’s plea for quashing an order related to the case has been dismissed by the Kerala High Court on Wednesday. The order in question is of Perumbavoor Judicial First Class Magistrate Court (JFCMC) which dismissed the state government’s plea to withdraw the proceedings against the actor.

However, the actor got relief from the court as Justice A Badharudeen partially allowed the state’s plea against the JFCMC’s order and asked the magistrate to consider the plea afresh.

“The petitioners who are accused in this case, have no right to challenge an order refusing withdrawal of prosecution, since the said procedure is the prerogative of the prosecution,” reads an excerpt from the judgment.

The court then directed the petitioners including actor Mohanlal to appear before the trial court on March 3.

At the same time, Justice Badharudeen directed the trial court to hear and pass fresh orders as expeditiously as possible from the date of receipt of the copy of the order, within six months.

It was in December 2011 that the Divisional Forest Officer, Malayattoor and the Forest Range Officer, Kodanad, along with staff, detected possession of two pairs of elephant tusks from Mohanlal’s residence at Thevara, Kochi. It was found that two tusks were fixed on a rosewood stand and another two tusks fixed on both sides of a mirror.

It was alleged that the accused at the time of the seizure, did not have a certificate of possession as mandated under the Wildlife (Protection) Act,
1972.

It was at the Mekkappala Forest Station in Ernakulam that a case was registered.

But in 2015, the actor approached the state government by offering his willingness to declare possession of two tusks of the elephant in question, if he was permitted to do so. Accordingly, in the exercise of the special powers under Section 40(4) of the Wild Life Act, 1972 the state government accepted the possession of two pairs of elephant tusks and issued a certificate of ownership.

Meanwhile, Justice Badharudeen reminded that the grant of ownership certificate is pending before the Division Bench of the Court and it will be decisive.