KOCHI: The legal battle over late CPM leader M M Lawrence's body continues with his daughter Asha Lawrence filing an appeal before a Division Bench against the decision of the Single Judge upholding the decision to hand over her father's mortal remains to the Government Medical College, Kalamassery, for medical research.
When the petition came up for hearing, the government pleader said the body was being kept at the Government Medical College, Kalamassery.
The Division Bench comprising Chief Justice Nitin Jamdar and Justice S Manu said the matter required a detailed hearing and adjourned to Tuesday.
The court inquired, "What is the status of the body?" In response, the government pleader informed that it is preserved in formalin.
Lawrence's other daughter, Sujatha Boban, also filed an appeal against the decision. According to Sujatha Boban, her consent was obtained when she was under extreme mental distress over the death of her father. It was not given on her volition. The hearing conducted by the principal of the medical college was farcical.
On October 23, the 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. Asha alleged that the 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 Her sister Sujatha Boban had withdrawn her consent for handing over for a medical search.
The order of the advisory committee stated that the consent for body donation given by the deceased to ML Sajeevan, son of the deceased, bears two credible witnesses and was valid as per section 4 (1) of the Kerala Anatomy Act. The committee noted that legal possession of Lawrence's body was with ML Sajeevan and Asha Lawrence did not dispute the fact either.
All through his recent illness in the last three to four years, Lawrence was with Sajeevan, whereas his daughters- Asha and Sujatha were not actively involved in the day-to-day nursing care of Lawrence.
