Kerala court dismisses State's plea to withdraw case against Mohanlal for ivory possession

A Kerala court recently dismissed a petition filed by the State government to withdraw the ivory tusk possession case in which Malayalam cine actor Mohanlal is among the accused. [State of Kerala v V Mohanlal & Ors.]..Judicial First Class Magistrate-III at Perumbavoor, Ernakulam, judge Anju Cletus dismissed the petition after noting that the plea was filed without disclosing that the validity of the ownership certificate granted to Mohanlal was under challenge in writ petitions before the High Court.The judge also noted that the prosecution was not able to convince the court that the ownership certificate in question was valid. The Court opined that it would be in the interest of justice to examine whether prosecution should continue against Mohanlal after the High Court decides on the validity of the ownership certificate issued to him. "Needless to say, nothing would stand in the way of withdrawing the prosecution against A1 (Mohanlal) to A4, if the ownership certificate issued to A1 is in accordance with law," the Court added. The judge also observed that no member of the public was personally aggrieved by the alleged offence. As such, there is nothing to warrant the withdrawal of prosecution to ensure public justice, the Court said.It, therefore, dismissed the pleaPertinently, the accused including Mohanlal were directed to appear before the court on November 3. .BackgroundThe case against Mohanlal relates to the alleged illegal possession of two pairs of ivory tusks which resulted in the registration of a first information report (FIR) alleging the commission of offences under the provisions of the Wildlife (Protection) Act, 1972.Mohanlal maintained that the ivory tusks were obtained legally and that in 2015, at the direction of the Central government, the Kerala government had issued a certificate of ownership to him.Subsequently, the State government issued a no objection certificate for withdrawing the case against him.However, in June 2022, a magistrate court dismissed the State's application to withdraw the case. Both the actor and the State moved the High Court against this order.On February 22 this year, the High Court dismissed this plea by Mohanlal and the State. However, the High Court partially allowed the State's petition by asking the magistrate to consider the State's plea afresh.This led to the State approaching the magistrate with a fresh plea to withdraw the case..In this plea, the Assistant Public Prosecutor submitted that the ownership certificate issued to the Mohanlal on December 12, 2015, was on the basis of a declaration made as per Section 40(4) of the Wild Life (Protection) Act. He submitted that since the State government granted an ownership certificate, the possession was now justified by law irrespective of whether it was legal or illegal.The Court was also told that since the original source of the tusks was an individual, the element of public interest is comparatively less.The Assistant Public Prosecutor added that there was an unexplained inordinate delay in filing the occurrence report in this case, indicating that the prosecution was earlier initiated as an afterthought..The Court said that since the investigation and prosecution were the prerogatives of the State, no one else can be found to be at fault for the inordinate delay in the proceedings.“This court is of the view that no party including State can claim the benefit of the laches from their side," the court added.The Court proceeded to dismiss the plea filed by the State..[Read Order]