The Kerala High Court has declared void the State-issued ownership certificates that had named Malayalam superstar Mohanlal as the owner of two pairs of elephant ivory tusks and 13 ivory artifacts. The Division Bench held the government orders and the certificates legally unenforceable, calling into question the process followed under the Wildlife (Protection) Act, 1972.
What the court ruled
The Division Bench of Justices A.K. Jayasankaran Nambiar and Jobin Sebastian struck down Kerala government notifications from February 2015 and February 2016, and the ownership certificates issued in January and April 2016. The court found that mandatory statutory steps under the Wildlife (Protection) Act were not followed before granting those ownership certificates.
However, the judges avoided detailed findings on how the government exercised its power to issue the certificates, saying such comments could prejudice ongoing criminal proceedings against the actor.
Why the petitions succeeded
The judgments came on two public interest litigations that challenged the State notifications issued under Section 40(4) of the Wildlife Act. Petitioners argued the notifications were unlawful because they were never published in the official gazette, a mandatory requirement, and that no proper inquiry had been made into the legality of Mohanlal’s possession of the ivory items.
The legal process in question: Section 40(4) allows the State to invite declarations of possession of wild animal articles before issuing ownership certificates or legal immunity under Section 42.
Mohanlal’s position and the criminal case
Mohanlal has consistently said the tusks were acquired legally and that the certificates were issued directionally by the Central government through the Kerala administration. The State had also issued a no-objection certificate seeking withdrawal of the case.
In June 2022 a magistrate refused the State’s request to withdraw the criminal case; the Kerala High Court later asked the magistrate to reconsider that plea in February 2023. The High Court’s latest order invalidates the ownership certificates but leaves the door open for the State to act again under the law. The final outcome of the criminal proceedings against Mohanlal is still pending.
What happens next
The court noted the State is free to issue fresh notifications in strict compliance with the Wildlife (Protection) Act. Legally sound procedures—and proper publication and inquiry—will be key if any fresh declarations or certificates are to be issued. For now, the verdict is an important legal setback for the superstar in the long-running ivory controversy.
