Kerala High Court Dismisses Review Petition Against Body Donation Of Deceased CPI(M) Leader MM Lawrence

The division bench comprising Chief Justice Nitin Jamdar and Justice S Manu delivered the judgment. 

The review petition was filed on the ground that a video clip have been  recovered after the disposal of appeals and Special Leave petition in which the late leader is seen expressing his  wish to bury his body following religious practices. 

The review petitioners contended that the said relevant material could not be brought to the notice of the court during hearing of appeals and hence the judgment is liable to be reviewed. 

The contesting respondents has disputed the reliability and genuineness of the video clip. The Court refrained to comment on the reliability of the video clip, but noted that the petitioners have no specific case as to when the video was recorded. 

The bench noted that the competent authority, after an inquiry had found that the deceased has expressed his wish as contemplated under section 4 A of the Kerala Anatomy Act, which unequivocal request for donating the body during his last illness. Based on this, the judgment was delivered in the appeal. 

"Even if the material now sought to be relied on by the Petitioners was also placed for consideration in the earlier round, it would not have made any difference in the outcome of the appeals since they do not have a case that the alleged expression of the deceased was videographed during his last illness." the bench noted. 

The bench, thus dismissed the review petition. 

The deceased leader's daughter Asha Lawrence had earlier approached the single judge,  2 days after the death of her father on September 21, 2024 at the age of 95, objecting her siblings' decision to hand over her father's body to Ernakulam Government Medical College.

She pleaded that her father followed Christian rituals and rites and the body ought to be buried as per Christian rites. She submitted that she had not consented to the donation of her father's body. 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.

Against this order, the daughter preferred an appeal before the Division Bench. She argued that the conclusion arrived by the Single Judge that the deceased had expressed his wish to donate his body is unverified. The other daughter of Lawrence, Sujatha Boban had withdrawn her consent for donation of her father's body and filed a separate appeal before the High Court against the order of the Single Judge.

Subsequently, the High Court had dismissed the appeals last year. 

Case Title: Asha Lawrence v State of Kerala and Ors and connected matter

Citation: 2025 LiveLaw (Ker) 692

Case No: RP 662/ 2025 and connected matter

Counsel for Review Petitioner: R Krishna Raj, R Pratheesh, E S Soni, Sreeraja V, Laxmi Priyaa N P

Counsel for Respondents: N Manoj Kumar (State Attorney), D G Vipin, Daniel A J, Manisha V V, J Maldev, V V Sidharthan, B S Swathi Kumar

Click Here To Read/ Download Judgment