Two public interest litigants who had approached a trial court seeking to oppose the withdrawal of prosecution against actor Mohanlal in the illegal ivory possession case have the right to intervene in the case, ordered the Kerala High Court on Monday.
The single judge of the High Court also set aside the order of the Judicial First Class Magistrate Court-3, Perumbavoor, which had earlier dismissed the intervention petitions filed by A.A. Poulose of Ernakulam and James Mathew of Pathanamthitta.
The assistant public prosecutor had filed a petition before the magistrate court to withdraw the criminal proceedings against the actor by stating that continuing the case would be a waste of the court’s time and a futile exercise.
However, the High Court held that the reasoning of the trial court that the petitioners had no locus standi to be heard in the petition seeking the withdrawal of prosecution was incorrect. In her order, Justice Mary Joseph held that the petitioners were members of society who had the right to see that the prosecution launched for an offence affecting society is withdrawn based on a valid reason.
The offence involved in the case was one relating to wildlife. Therefore, it cannot be said that public interest was not involved , the judge noted.
The Forest department had booked a case against Mohanlal in 2012 for the illegal possession of two pairs of tusks.
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