Supreme Court Dismisses Daughter's Plea Challenging Donation Of CPI(M) Leader MM Lawrence's Body To Medical College

LIVELAW NEWS NETWORK

15 Jan 2025 2:43 PM

  • Supreme Court Dismisses Daughters Plea Challenging Donation Of CPI(M) Leader MM Lawrences Body To Medical College

    The Supreme Court on Wednesday (January 15) dismissed a petition challenging the handing over of the mortal remains of late MM Lawrence, leader of the Communist Party of India (Marxist) in Kerala and former Lok Sabha MP, to a medical hospital for research.A bench comprising Justice Hrishikesh Roy and Justice SVN Bhatti dismissed the Special Leave Petition filed by Asha Lawrence, daughter of...

    The Supreme Court on Wednesday (January 15) dismissed a petition challenging the handing over of the mortal remains of late MM Lawrence, leader of the Communist Party of India (Marxist) in Kerala and former Lok Sabha MP, to a medical hospital for research.

    A bench comprising Justice Hrishikesh Roy and Justice SVN Bhatti dismissed the Special Leave Petition filed by Asha Lawrence, daughter of MM Lawrence, challenging the decision of the Kerala High Court which approved the decision of her siblings to donate the body to a medical hospital.

    The veteran leader passed away at the age of 95 on September 21, 2024. Two days later, Asha Lawrence approached the High Court seeking to prevent the handing over of the body to a medical college hospital. She contended that her father should be buried as per Christian rituals.

    The Single Bench of the High Court on the same day disposed of the petition directing the Principal of the Medical College to hear the daughter's objections before taking a decision on accepting the body.

    The Principal constituted a committee to hear the matter. It was decided by the Committee, after hearing Asha Lawrence, her siblings and others to accept the donation of the body. Asha Lawrence again approached the High Court arguing that the hearing conducted by the Medical College was not proper. The Single Bench of the High Court dismissed the petition observing that the deceased had expressed his desire to donate his body for medical studies as per Section 4A of the Kerala Anatomy Act. 

    She appealed to the division bench. Before deciding the matter on merits, the division bench attempted mediation. After the attempt failed, the division bench of the High Court decided the matter on merits, dismissing the daughter's appeal. While allowing the donation of the body to Ernakulam Medical College Hospital, the division bench observed that it was a "regretful litigation" at the instance of the daughter.

    Case : Asha Lawrence and another v State of Kerala | SLP(c) 897/2025

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