Christian Or Muslim?: Plea In Kerala HC To Release Body From Medical Custody For Burial [Read Petition]

The president of a Muslim local body has filed a writ petition before the High Court of Kerala, seeking a direction to the Superintendent, Medical College, Thrissur, to release the body of a man for cremation according to religious rites.

In a writ petition filed through counsel Advocate BH Mansoor, the necessary facts pleaded are as follows:

"The deceased named Simon Master was a Bible scholar who had embraced Islam religion long back and had in-depth knowledge in Quran. The deceased accepted the name as EC Mohammed after embracing Islam, he performed Hajj and thereafter he was known as Mohammed Haji and joined as a member of the Mahal Committee. It is averred that the deceased while he was alive, had sworn Ext P1, a registered document, expressing his desire to be cremated according to Islamic rites in the Kabarsthan of the Kara Kathiyalam Mahal Jama –ath Committee. In the petition filed by the president of the committee, it is alleged that subsequently another concocted and fraudulent document Ext P2 was created expressing the desire of the deceased to have his corpse donated to the Medical College, Thrissur".

 This, according to the petitioner, was done purportedly when the deceased was undergoing medical treatment, coupled with acute memory loss by the party respondents, who are his wife and children. Though the petitioner had approached the authorities concerned, no action was forthcoming, which constrained him to approach the court.

The petitioner has sought a relief by issuance of writ of mandamus against the 3rd respondent to release the cadaver.

Justice Shaji P Chaly, who considered the matter, adjourned it  for further hearing with direction to obtain necessary instructions from the official respondents.