The Kerala High Court on Monday passed an interim order to ensure the preservation of the mortal remains of veteran Communist Party of India (Marxist) [CPI(M)] leader MM Lawrence amid a dispute over the move to donate his body to a medical college [Asha Lawrence v State of Kerala & ors].
Justice VG Arun has directed the Principal of the Government Medical College, Kalamassery, to preserve the body until October 3, Thursday, when the Court will next hear a petition filed by the CPI(M) leader's daughter, Asha Lawrence.
Asha Lawrence has challenged the Principal’s decision to reject her request to hand over her father’s body for a Christian burial.
The Court yesterday indicated that it would examine the matter in detail and give a conclusive verdict to settle the issue.
"This cannot continue like this. I think there are certain vitiating factors," Justice Arun observed.
This is the second time that the matter has reached the High Court.
Asha Lawrence had challenged her siblings’ and the CPI(M)’s decision to donate her father’s body to Ernakulam Government Medical College for educational purposes.
In her first petition challenging this decision, the High Court had directed the Medical College Principal to consider her objections before taking a final decision.
The Principal eventually rejected Asha Lawrence's request to return her father's body, after consulting an advisory committee constituted by him.
A decision was taken to embalm and preserve Lawrence's body for the college's Anatomy department for educational purposes, after hearing Asha and her siblings.
The advisory committee had relied on the body donation consent form allegedly signed by MM Lawrence and witnessed by two credible individuals.
The committee concluded that this consent was valid under Section 4(1) of the Kerala Anatomy Act and that the legal possession of Lawrence’s body rested with his son, ML Sajeevan (who did not oppose the body donation).
This decision has now been challenged by Asha who claims that the Principal did have the authority to constitute the advisory committee himself under the Kerala Anatomy Act.
She added that the Principal conducted separate hearings for her and her siblings, and denied her a proper hearing, thereby failing to follow the principles of natural justice.
She also submitted before the Court that her sibling, Sujatha had formally withdrawn her affidavit consenting to donate their father's body but this had not been considered by the committee.
Asha has thus urged the Court to quash the Principal's decision and order that her father's remains be handed over for a Christian burial.
During yesterday's hearing of the matter, the Court remarked that what had been recorded during the advisory committee hearing appeared to be "one-sided."
"What is recorded in the hearing is only one-sided. In this case, the principal could have approached this Court and taken permission to appoint a committee, but that is not done," Justice Arun remarked, before eventually adjourning the case till Thursday.
Asha Lawrence was represented by advocates Krishna Raj, R Pratheesh, ES Soni, Sreeraja V and Laxmi Priyaa NP.