The Kerala High Court today dismissed a petition filed by actor Mohanlal challenging the order passed by the JFCM Court in Perumbavoor, which dismissed his petition to withdraw the prosecution case against him in connection with illegal possession of ivory.
The Single-Judge Bench of Justice A. Badharudeen, however, allowed the revision petition filed by the State Government against the order of the Magistrate Court, and remanded the matter for fresh consideration.
The actor was booked under the provisions of the Wildlife (Protection) Act, 1972, for possessing ivory illegally. However, Mohanlal had denied the charge and contended that he had legally obtained the ivory.
In June last year, the court of JFCM, Perumbavoor had dismissed the petition filed by the State of Kerala, seeking withdrawal of prosecution proceedings against Mohanlal for possessing ivory illegally.
The Criminal Revision Petition moved by Mohanlal through Advocate K.R. Radhakrishnan Nair had sought to set aside the judgment passed by the Magistrate, citing that the only ground relied upon by the Magistrate was that the validity of the certificate of ownership issued by the Government as per declaration made under Section 40(4) of the Wildlife Protection Act was still pending before the Kerala High Court in a Public Interest Litigation.
The Magistrate had dismissed the application by the Assistant Public Prosecutor for withdrawal of the prosecution case against the petitioner-accused.
A revision petition was also filed in the High Court by the government of Kerala, challenging the order of the JFCM Court, Perumbavoor. The Counsel for the State of Kerala argued that the actor had not violated the law, and had only possessed the ivory of a dead elephant.
The Court then questioned the government’s stance and asked whether the State of Kerala would grant such an exemption to a common man also, in case he possessed the ivory.
(Case title: V Mohanlal vs State of Kerala & Ors)