The prosecution proceedings initiated against actor Mohanlal in the illegal possession of elephant tusk case shall not be withdrawn, as it will not serve any public justice, contended two public interest litigants.
Opposing the prosecution move to withdraw prosecution, the petitioners, A.A. Poulose and James Mathew, argued that the Supreme Court had pointed out that the proceedings shall be withdrawn only in cases of communal feuds and labour disputes, which might have been amicably settled, so that some pending proceedings shall not re-ignite trouble. The apex court had also held that prosecution withdrawal shall be considered only in the interest of public justice, argued Abraham Meachinkara, counsel for the petitioners.
The court, while considering the petition, should make an effort to elicit the reasons for withdrawal and satisfy itself that the Public Prosecutor too was satisfied that he should withdraw from the prosecution for good and relevant reasons. The courts shall not grant permission for withdrawal as a necessary formality, he argued.
