Mohanlal Ivory tusks possession case: Kerala High Court case asks Magistrate to decide afresh State's plea to withdraw case against actor

In what could be considered a 50-50 verdict, the Kerala High Court on Wednesday dismissed a plea by Malayalam cine actor Mohanlal challenging an order of the Perumbavoor Judicial First Class Magistrate Court which had dismissed the State government's plea to withdraw the proceedings against the actor in a decade-old illegal ivory possession case [V Mohanlal v State of Kerala].However, in what could still be considered a relief for the actor, the Court partially allowed the State's plea against the Perumbavoor court's order and asked the Magistrate to consider the State's plea afresh.This would mean that the actor still has a chance for reprieve if the Magistrate decides the State's plea in favour of the thespian. The order was passed by single-judge Justice A Badharudeen. .The 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 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 had issued a no objection certificate for withdrawing the case against him.However, in June 2022, the Magistrate court dismissed the State's application to withdraw the case, stating,"At this stage of the proceedings, I am of the view that rather than presuming the validity of the ownership certificate issued to the accused no.1 and allowing the withdrawal petition forthwith, it would be in the interest of justice to consider whether the prosecution should continue or not in the light of the adjudication which is yet to be made by the Hon'ble High Court regarding the validity of the ownership certificate issued to the accused no.1."Both the actor and the State moved the High Court against the same..During the extensive hearings that were conducted in the case, the High Court had observed that Mohanlal may not have locus standi to challenge the order of the Magistrate Court and only the State could have challenged the order.Subsequently, the State government approached the High Court with its revision petition contending that the order of the Magistrate was issued without considering the facts and circumstances of the case and without any application of mind.The Court finally dismissed the actor's plea for want of locus but partially allowed the State's plea and remanded the matter back to the Magistrate court for fresh consideration..[Read Judgment]