Kerala High Court invalidates ownership certificates for Mohanlal’s elephant tusk artifacts

Kochi : The Kerala High Court has declared that the ownership certificates issued to Malayalam actor Mohanlal for his elephant tusks and tusk-based artifacts are invalid and cannot be legally recognized. The court clarified that while the government can provide an opportunity for the actor to retain the items, it must follow the provisions of the Wildlife (Protection) Act, 1972, under Section 40(4).

The matter came up before a division bench comprising Justices A.K. Jayashankaran Nambiar and Jobin Sebastian, following a petition filed by K.A. Paulose of Elur, Kochi. Paulose questioned the validity of the certificates issued by the Forest Department for two elephant tusks and 13 crafted items made from tusks, arguing that these were granted despite an ongoing investigation in the Perumbavoor First Class Magistrate Court.

During the hearing, the bench noted that Mohanlal had duly submitted a declaration regarding the tusks as required by the government notification. However, the key issue was whether the notification itself complied with statutory requirements. The court observed that the government had admitted that the orders issued on December 16, 2015, and February 17, 2016, had not been published in the official Gazette, a mandatory requirement under the law.

The court dismissed the government’s argument that publicity through other media outlets was sufficient, calling the claim “shocking” and emphasizing the statutory necessity of Gazette publication. Consequently, the High Court struck down the earlier government orders, declaring them null and void, and stated that they could not be legalized retrospectively.

The bench further warned that issuing such certificates without following proper legal procedures could adversely affect ongoing criminal cases involving the actor. However, the court clarified that the state government retains the discretion to issue a new notification under Section 40(4) of the Wildlife Protection Act to allow Mohanlal to legally retain the tusks and related artifacts, provided all statutory conditions are fulfilled.

This ruling underscores the strict adherence required to legalize ownership of wildlife products under Indian law and highlights the judiciary’s vigilance in ensuring compliance with procedural safeguards.