In a backlash to the Kerala government, a court dismissed a plea to withdraw the prosecution proceedings against actor Mohanlal in a case relating to illegal possession of two pairs of ivory.
The state government said that proceeding with the case would be a futile exercise and wastage of the court’s time.
“…I am not inclined to allow the withdrawal petition for the time being,” Judicial First Class Magistrate, Anju Cletus said in her order.
“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,” the court said.
The court, in its order noted that there was no gazette notification in this case and hence the alleged certificate of ownership of the tusks has no legal sanctity and was void ab inito.
“The public prosecutor cannot rely on the illegal certificate of ownership granted to the 1st accused (Mohanlal) against which a challenge is pending before the Hon’ble High Court of Kerala. The doctrine of estoppel and legitimate expectation cannot be applied in the case of the public authorities to justify their wrongful actions,” it said.
Four elephant tusks were seized from the actor’s house in a raid conducted by the Income Tax authorities in June 2012, following which a case was registered against him.