'Not Maintainable': Kerala High Court Dismisses Daughters' Review Petition Against Donation Of CPI(M) Leader MM Lawrence's Body

 Lawrence had passed away on September 21, 2024. Since then, there was a series of litigations against the decision to donate his body to the medical college. The review petition was filed by the daughters of M. M. Lawrence Asha Lawrence and Suja Lawrence saying that they recently retrieved a video of their father saying that his body should be buried in the place where Suja says.

While disposing off the case today, Justice V. G. Arun observed that since the single Bench decision has been appealed, the review petition is not maintainable before the Single Bench. The Court said that the petitioners will have the right to seek appropriate remedies.

The petitioners had also moved the Supreme Court against the decision of the appellate bench. The petitioner relied on the Supreme Court decision in Manisha Nimesh Mehta v Board of Directors (2024) to argue that since the SLP was dismissed by the Supreme Court, the review petition is maintainable before the High Court. The High Court however held that this ground need not be considered at this point.

“In my considered opinion, it is not necessary to take a decision as regards the impact of the decision in the SLP by the Supreme Court in so far as the indisputable position that the judgment of this Court has merged with the judgment of the Division Bench against which SLP was preferred. … The review petition stands dismissed," the court said. 

Background

Soon after her father's death, Asha Lawrence approached the High Court challenging the decision of her siblings and CPI(M) party to hand over his body to Ernakulam Medical College. Initially, when the case came before the Single Judge, the court directed the Medical College to take a decision after considering Asha's objection. However, subsequently another writ was filed challenging the decision of the Medical College to accept the body. The same was dismissed by the Single Judge. An appeal before the Division Bench was also dismissed. Her Special Leave Petition was also dismissed by the Supreme Court. Now, the review has been filed saying they retrieved the video of their father saying he wants to be buried.

The petition is moved by Advocates Krishna Raj, R. Pratheesh, E. S. Soni, Sreeraja V., Laxmi Priyaa N. P.

Case Title: Asha Lawrence and Another v State of Kerala and Others

Citation: 2025 LiveLaw (Ker) 239

Case No: RP 280/ 2023

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