Asha Lawrence, daughter of late CPI-M leader MM Lawrence, has moved an appeal before the Kerala High Court against the order of  a single bench upholding the decision to hand over her father’s mortal remains to the Government Medical College, Kalamassery, Ernakulam for medical research.

When the petition came up for hearing on Thursday before  a  division bench  comprising Chief Justice Nitin Jamdar and Justice S. Manu, the court inquired, “What is the status of the body?” In response, the government pleader informed that the body is being kept  at government medical college, Kalamassery, Ernakulamand it is preserved in formalin.

The bench said the matter required a detailed hearing and adjourned to Tuesday

On October 23,  a single Judge dismissed the petition filed by Asha Lawrence challenging the decision of the advisory committee set up at the Government Medical College, Ernakulam, to accept the mortal remains of her father.

 The  single bench of Justice V G Arun declined to interfere with the decision to donate the body of MM Lawrence to the Ernakulam Government Medical College for educational purposes and dismissed the petition filed by Asha Lawrence .

. Asha, in her petition  alleged that the   Advisory committee’s decision was biased. No proper hearing was conducted. She and her brother were heard separately on the issue. Despite repeated requests, the principal refused to hold a comprehensive hearing involving all persons. Her sister Sujatha Boban had withdrawn her consent for handing over for a medical search, she submitted.

Soon after the death of Lawerence on September 21, Asha Lawrence approached the Kerala High Court to prevent handing over her father’s body to Medical College by her siblings. The High Court  on September 23 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   moved another petition , challenging the authority of the Principal  to constitute the advisory committee, claiming that it violated the principles of natural justice. Asha, in her petition, said that her father had followed all Christian rituals during his lifetime and his burial must also be as per the Christian rites and rituals. It was stated that there was no unequivocal request made by her father to donate his body for medical purposes.

 It was stated that her objections were not considered by the Principal and he illegally constituted a committee to conduct the hearing without obtaining permission from the court. She argued that her sister Sujatha had formally withdrawn her consent for the body donation, which was not taken into account. On October 23, the Single Judge dismissed  her petition.

The order of the single bench was based on the statements made by Lawrence to his son ML Sajeev in the presence of two witnesses that the body should be handed over for medical  research .Asha has now challenged the single bench order before the division bench of the High Court.