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The Kerala High Court dismissed a review petition filed by the daughters of late CPI-M leader MM Lawrence against handing over their father’s body to the Government Medical College, Ernakulam.
Kerala High Court
The Kerala High Court dismissed a review petition filed by the daughters of late CPI-M leader MM Lawrence against handing over their father’s body to the Government Medical College, Ernakulam.
Justice V G Arun observed that since the appeal was filed against the single bench’s decision, the review petition is not maintainable before the single bench. “It is not necessary to take a decision as the impact of the decision in the SLP by the Supreme Court in sofaras the indisputable position is that the judgment of this court has merged with the judgment of the Division Bench against which SLP was preferred… The review petition stands dismissed,” the court said.
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Veteran CPI-M leader and former Central Committee member of the Left party, MM Lawrence, passed away at a private hospital in Kochi on September 21, 2024 at the age of 95. Since then, there has been a series of litigations against the decision to donate his body to Ernakulam Medical College
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Soon after his death, Asha Lawrence approached the high court challenging the decision of her siblings and CPI-M to hand over his body to Ernakulam Medical College.
On September 23, 2024, a single bench of the high court disposed of her plea by directing the principal of the medical college to assess her objections before making a final decision. Subsequently, the principal formed an advisory committee to review the matter.
The committee relied on a body donation consent form signed by MM Lawrence and witnessed by two individuals to conclude that this consent was valid under Section 4(1) of the Kerala Anatomy Act, granting legal possession of the body to Lawrence’s son, ML Sajeevan, who did not oppose the donation.
Following this, Asha filed another petition, challenging the authority of the principal to constitute the advisory committee, claiming that it violated the principles of natural justice. In her petition, she said her father had followed all Christian rituals during his lifetime and his burial must also be as per the Christian rites and rituals.
On October 23, 2024, a Single Judge dismissed her petition observing that donation of the body of Lawrence for medical research was lawful and in compliance with the Kerala Anatomy Act.
Asha has filed an appeal before a division bench challenging the single bench order. The bench dismissed her appeal objecting her father’s body to Ernakulam Medical College in December 2024.
The bench comprising Chief Justice Nitin Jamdar and Justice S Manu on December18, 2024 upheld the single bench’s decision to allow the donation of the late CPI-M leader’s body to the the medical college and dismissed the appeal filed by Asha Lawrence.
The daughters had also moved the Supreme Court against the decision of the appellate bench. In March, 2025, they filed a review petition before the high court stating that they got access to a video in which her father expressed his wish to be buried. As per the petition, her father has stated the following in the video: “I want to go to Heaven. I want to see Jesus. I should be buried in the place where Suja says. There should be no deviation from that. I am very particular about that.”
The petitioners relied on the apex court’s decision in Manisha Nimesh Mehta v Board of Directors (2024) to argue that since the apex court dismissed the SLP Special Leave Petition(SLP), the review petition is maintainable before the High Court. However, the High Court said that this ground need not be considered at this point.
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