Mohanlal Ivory Tusks Possession Case: HC Dismisses Petition, Asks Magistrate Court To Consider The Plea Afresh

On Wednesday, the Kerala High Court dismissed actor Mohanlal's petition that sought to quash the Perumbavoor Judicial First Class Magistrate Court order that had discharged the state government's plea to withdraw the decade-old case against the actor relating to illegal possession of ivory. However, the court has partially accepted the state's argument against the Perumbavoor court's order and has instructed the magistrate to reevaluate the state's plea in the matter of gain, which has come as a relief to the actor.

It means that the actor still has a chance to get acquitted in the case if the magistrate rules in favour of the state's petition favouring the Malayalam actor. The case was presided over by a single-bench judge, Justice A Badharudeen.

Actor Mohanlal was charged with illegal possession of two pairs of elephant tusks that violated the Wildlife Protection Act of 1972. Meanwhile, the state government argued that the magistrate court's order was unlawful because it was issued without taking into account all of the materials presented to the court. According to the state government, the public prosecutor filed the plea after carefully reviewing the evidence in the case and receiving approval from the government to drop the charges.

MOHANLAL HAD LEGAL OWNERSHIP OF THE IVORY TUSKS

Meanwhile, Mohanlal had maintained that those ivory tusks were obtained legally. He also added that, on the orders of the central government, the Kerala government had issued an ownership certificate to him in 2015. Even the state government had pointed out the same, saying the actor had obtained legal possession of the tusks. It further added that there were slim chances of the actor being prosecuted.

It also stated that because no wild animals were harmed in order to obtain the tusk, there could be no charge of violating the Wildlife Protection Act. The state government also mentioned that the tusk was extracted from a captive elephant who had died naturally. Therefore, the state government had no objection to withdrawing the case against Mohanlal.

However, the magistrate court in June 2022 rejected the state's plea to pull back the case. Both the actor and the state then moved to the High Court, and during the hearing, the court observed that Mohanlal may not have the right to challenge the magistrate court's order and only the state can do it. Subsequently, the HC was approached by the state government to revise the plea that challenged the magistrate court's order, pointing out that the case was filed without considering the facts of the situation.

The high court has now finally rejected Mohanlal's petition and has ordered the state's petition to be considered afresh.