The State government has been asked by a trial court to share the application for withdrawal of prosecution against actor Mohanlal in a wildlife crime case with the Forest Department.
The trial court issued the order while considering the withdrawal petition on Friday.
On a query from the court, C.A. Noufal, the Assistant Public Prosecutor in the case, submitted that the copy was not earlier served to the department as it was not mandated to do so. However, Antony Shelman, the trial court judge, asked the prosecutor to share the copy with the department, which is the complainant in the case.
The Forest Department had earlier booked a case against the actor at the Judicial First Class Magistrate Court 3, Perumbavoor, for illegally possessing two pairs of elephant tusks.
In its withdrawal petition, the State government maintained that the continuation of the prosecution against Mohanlal would be a futile exercise and waste of the precious time of the court. However, the Forest Department officials were in the dark regarding the withdrawal of the prosecution.
Third Party Interveners
Meanwhile, two persons approached the trial court to consider their applications to join the proceedings in the court as Third Party Interveners.
In their applications, James Mathew and A. A. Poulose submitted that they intended to submit their views that the withdrawal petition was not maintainable. Various High courts and the Supreme Court had held that Third Party Intervention was permissible, especially in a proceeding under Section 321 of the Criminal Procedure Code.
The petitioners submitted that the withdrawal petition was moved by the Assistant Public Prosecutor to bail out all the accused. They also submitted that the attempts to withdraw the prosecution would go against the interest of equity, fair play, justice and jeopardise public interest.
Two writ petitions filed by the petitioners challenging the validity of the ownership certificate issued for the ivory in possession of the actor and against the illegal possession of the two sets of tusks and 13 ivory artefacts by the actor are pending at the Kerala High Court.
The trial court posted the case for August 20.
