Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal – After hearing the petition filed by the Ernakulam resident, Chief Justice S Manikumar ordered that notice be served on the superstar and posted the case for further hearing in two weeks.

On Tuesday, the Kerala High Court issued a notice to superstar Mohanlal on a petition filed by AA Paulos and ordered him to cancel the license granted to him to store ivory.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

Earlier in 2011, the Income Tax Department raided Mohanlal’s home and seized two elephants in Tewari, Kochi. When it was discovered that he had elephant tusks, the forest department was handling the case.

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The issue has now come up in the Supreme Court after the Forest Department filed a chargesheet against the superstar in the Perumbaur court in September.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

During the preliminary hearing in the case in July, the Chief Warden of Forests (Wildlife) submitted an affidavit that the investigator did not submit the investigation report to the appropriate court as the chances of a successful prosecution of the case were slim. legally owned property and tusker.

Mohanlal also said in his affidavit filed yesterday that the case is irrelevant as the Forest Department has already given him a certificate of ownership of the ivory.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

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And as a public figure, he said reports are filed to make news and inform the public. The Forest Department’s move to release the charges nearly seven years later was done with malicious intent, the actor believes.

According to the laws, it is against Section 42 of the Forest and Wildlife Protection Act 1972 for anyone to possess elephant tusks. The elephant is given maximum legal protection as it falls under Schedule 1 of the Wildlife Protection Act.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

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Kochi: The Kerala High Court on Tuesday issued a notice to actor Mohanlal on a plea that the permission granted to him to keep elephant tusks should be revoked.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

After hearing the petition filed by the former forest service officer, Chief Justice S Manikumar ordered that a notice be issued to the superstar and the case be heard further in two weeks.

The case first came to light in 2011 after an income tax raid at the superstar’s home in Kochi, when he was found in possession of ivory and the Forest Department swung into action.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

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The issue has now come up in the Supreme Court after the Forest Department filed a chargesheet against the superstar in the Perumbaur court in September.

Incidentally, Mohanlal in his affidavit pointed out that the case is irrelevant as the Forest Department has already given him a certificate of ownership of the ivory.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

Being a popular person, the actor said that the reports were filed to make news and benefit the public.

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The Forest Department’s action to file the tax return nearly seven years later was fraudulent, the actor said. Actor Mohanlal has approached the Kerala High Court challenging the order passed by the JFCM, Perumbavoor, which rejected the state government’s plea to drop the prosecution against him on charges of illegal ivory possession.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

In a criminal revision petition filed by advocate KR Radhakrishnan Nair, the revised petitioner seeks to set aside the impugned order passed by the Magistrate stating that the only ground relied upon by the Magistrate is the validity of the title certificate issued by the government. as per the application filed under Section 40(4) of the Act, pending before the High Court of Kerala in Public Interest Litigation.

The contested order, issued by a judge in June 2022, denied the deputy prosecutor’s request to dismiss the criminal case against the defendant.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

Kerala Hc To Decide On Case Against Mohanlal In Ivory Case The New Indian Express

The complainant alleges in a criminal complaint under sections 397 and 401 of the Criminal Procedure Code that two pairs of elephants entered his house and he was charged under the provisions of the Animal Protection Act, 1972., legally obtained. After an investigation by the Income Tax Department, Forest Office (DFO) Malaithur and Forest Office (RO) Kodanad, the teeth were seized because the appellant was not legally authorized to possess them under the wildlife (protection) regulations 1972

In the review petition, he said that both the cases seized from his house were handed over to him by another accused whose name has been called for safe custody with proper permission. Further, it was aforesaid that the first pair of tusks of the petitioner were taken from a dead elephant held by the second respondent, PN Krishnakumar, and the latter had a certificate of ownership issued to him on 12 September. , 1986 The second pair of heirs were accused 4/defendant 4 Nalini Radhakrishnan who inherited from her father-in-law who was the Maharaja of Cochin. Accused 3, K. Krishnakumar (deceased), had a dressing table with an egg-shaped mirror mounted on two ivory tusks. He made a statement that he had purchased the same from the 3rd accused before the Chief Wildlife Officer. Based on the certificate of ownership, the assistant prosecutor submitted a request to close the case in accordance with Article 321 of the Criminal Code of the Republic of Belarus.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

The Government of Kerala, in an order dated February 7, 2020, also agreed to withdraw the bill. The common reasons were that, firstly, there was no successful prosecution due to the issued certificates of ownership, and secondly, the ownership was not voluntary and, therefore, the public interest and justice required an early exit from this case. of prosecution.

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Meanwhile, an intervention request was again submitted by the 4th and 5th appellants, which was rejected by the Prosecutor. Meanwhile, the Supreme Court directed the magistrate to proceed with the petitions, allowed the third party intervenors and ordered the latter to issue appropriate orders within three weeks of its order.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

However, the Magistrate’s Court has rejected the request to cancel the case, which the applicant said in his application was made without considering the legal and factual aspects of the case and without using reasons. A Kerala court has rejected the Kerala government’s plea to drop the prosecution against actor Mohanlal in the case of illegal possession of two elephant tusks.

The state government argued that the case would be frivolous and a waste of court time.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

Ivory Case: High Court Directs Mohanlal To File Affidavit In Two Weeks The New Indian Express

“…I am not ready to grant permission to withdraw the petition,” First Class Judge Anju Cletus said in her order.

The court observed that the cancellation application was filed hastily without considering the issues raised before the Supreme Court regarding the validity of the title certificate issued to the first respondent (Mohanlal).

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

“At the moment of the trial, I am of the opinion that instead of taking the certificate of title given to defendant no. “The prosecution should proceed in accordance with the judgment yet to be delivered by the Hon’ble Supreme Court regarding the validity of the title certificate issued to respondent no. 1,” the court said.

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On February 7, 2020, the government agreed not to prosecute the case, the prosecutor filed in court.

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

The court, in its order, observed that there was no gazette notice in the case and therefore the required certificate of ownership of the trustees has no legal force and is a nullity.

“The prosecution cannot rely on the illegal title certificate given to the first accused (Mohanlal) which is being challenged in the Kerala High Court. “The doctrine of estoppel and legitimate expectations cannot be invoked in the case of authorities to justify their illegal actions.”

Ivory Case: Mohanlal’s Petition Under Law: High Court – Mohanlal

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