A division bench of the Kerala high court on Wednesday rejected the appeal filed by the daughter of veteran Communist leader MM Lawrence against donation of his mortal remains for medical research.
The bench of chief justice Nitin Jamdar and justice S Manu upheld the judgment of the single bench which had given the nod for Lawrence’s remains to be handed over to the Government Medical College, Kalamassery, for anatomical studies.
On Wednesday, the division bench underlined that there is no material on the basis of which the conclusion drawn by the committee of the medical college can be treated as perverse.
“Counsel for the 5th respondent rightly submitted that there is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science. No credible contrary version is placed before us...the desire and intention of the deceased is different than the desire and intention of the appellant. We see no nonconformities with the provisions of the Anatomy Act int he proceedings and conclusions by the 4th respondent (medical college authorities),” the court said.
“Given the regrettable disagreement at the heart of the litigation, it is also preferable that quietus be reached in this case as soon as possible. We therefore uphold the impugned judgement and dismiss both writ appeals,” the HC said.
{{/usCountry}}“Given the regrettable disagreement at the heart of the litigation, it is also preferable that quietus be reached in this case as soon as possible. We therefore uphold the impugned judgement and dismiss both writ appeals,” the HC said.
{{/usCountry}}Lawrence, a one-time MP from Idukki and a member of the CPM central committee, passed away at the age of 95 due to age-related illnesses on September 21. Following his death, his son ML Sajeevan, who took care of the veteran leader during his last years, had handed over a letter to the party and the medical college authorities affirming his father’s wish for his remains to be donated for medical research. He claimed that his father had expressed his intention several times in his presence and that of two others.
However, in the hours following his death, Asha Lawrence, daughter of the veteran leader, filed an appeal in the high court against the remains being donated for medical research. She claimed that her father, despite being a Communist, followed Christian ideals. She demanded that his body be buried at the local church in Kochi as per Christian beliefs. While the HC initially asked for the body to be preserved at the medical college until the court takes a decision, the single bench later rejected the appeal filed by Asha Lawrence.