KOCHI: The Kerala High Court on Monday directed the Principal of Government Medical College, Kalamassery, to preserve the mortal remains of the late veteran CPM leader MM Lawrence until Thursday.
Justice VG Arun remarked, "This cannot continue like this. There are certain vitiating factors. What is recorded in the hearing by the authorised officer of the college is only one-sided. In this case, the principal can approach the court to seek permission to appoint a committee, but that has not been done."
The court also said that this matter requires to be dealt with in detail. The court directed the State government to consider whether an authority superior to the officer who passed the order to accept the mortal remains could be entrusted with the hearing of the matter.
The court issued the order on the petition filed by Asha Lawrence, daughter of the late Lawrence challenging the decision of the advisory committee set up at the Government Medical College, Ernakulam, to accept the mortal remains of her father and transfer to the Anatomy department to be embalmed and preserved till being taken up for teaching purpose. She also sought a directive to the principal of the medical college to hand over the body of her deceased father to enable her to bury the body at St Francis Xaviers Church, Kathrikadavu following Christian faith and rituals.
The order of the 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. Both Asha and Sujatha were non-resident Keralites and were never actively involved in his care, stated the committee's order.
Though Lawerence's daughter Sujatha signed the affidavit giving consent, she submitted before the committee that he prefers a religious burial owing to the discord that has broken out in the family. But she had given nothing in writing before the committee, stated in the committee's order.
Asha alleged that the decision of the committee was biased. No proper hearing was conducted as she and her two siblings- ML Sajeevan and Sujatha Boban, who signed an affidavit to hand over the body to the college, were heard separately. The principal also refused to conduct a comprehensive hearing involving all persons despite repeated requests. Asha Lawrence claimed that during the hearing her sister-Sujatha Boban withdrew the consent given by her in the form of an affidavit.
