IFS couple among eight to face trial in Kerala elephant poaching case

The court's decision comes after accused parties approached the judiciary when the Forest Department declined to grant prosecution sanction, effectively blocking legal proceedings in the Malayattoor elephant poaching case that dates back to 2015.

The accused had sought sanction under Section 197 of the Criminal Procedure Code, which typically requires government approval before prosecuting public servants for acts allegedly committed in their official capacity. However, the court determined that the incidents in question—specifically custodial torture—did not fall within the scope of official duties and therefore sanction was not a prerequisite for trial.

The case centres on the killing of an elephant in the Malayattoor region nearly a decade ago. The involvement of Forest Department officials, including the IFS couple, in alleged torture during investigations has drawn scrutiny from the judiciary regarding the distinction between official and personal conduct.

With the sanction requirement waived, the eight accused can now proceed to trial. The judgment establishes a significant precedent regarding when government approval is necessary for prosecuting officials accused of custodial misconduct, particularly in cases where the alleged actions fall outside legitimate official functions.