The Kerala High Court on Friday, April 11, 2025, dismissed the review petition filed by Asha Lawrence and Suja Lawrence, daughters of late CPI(M) leader MM Lawrence, over the donation of their father's body to a medical college.
Justice V. G. Arun, who presided over the matter, observed that the review petition was “not maintainable” as the judgment passed by the Single Bench had already been appealed. Since the appellate process was underway, the review could not be entertained at the Single Bench level.
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“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 held.
Background of the Case
MM Lawrence, a senior leader of the Communist Party of India (Marxist), passed away on September 21, 2024. Following his death, his body was donated to the Ernakulam Medical College, a decision that sparked legal proceedings among his family members.
Shortly after his death, Asha Lawrence approached the High Court, challenging the decision made by her siblings and the CPI(M) party to donate the body. The Single Judge initially asked the Medical College to consider her objections before proceeding.
Despite this, another writ petition was later filed against the decision of the Medical College to accept the body. That too was dismissed by the Single Judge.
Following this, an appeal was made before the Division Bench, which was also dismissed. The daughters then approached the Supreme Court with a Special Leave Petition (SLP), which was likewise dismissed.
In the latest review petition, the daughters claimed they had recently retrieved a video where MM Lawrence had expressed his wish to be buried at a place chosen by his daughter, Suja Lawrence. They argued that this new piece of evidence changed the context of the earlier decisions.
They also cited the Supreme Court judgment in Manisha Nimesh Mehta v Board of Directors (2024) to support the maintainability of their review petition. According to them, since the SLP had been dismissed, the High Court still had the authority to review the earlier Single Bench judgment.
However, Justice Arun disagreed with this argument, emphasizing that since the Division Bench had already addressed the matter and the SLP had been dismissed, there was no scope for the Single Bench to entertain a review.
“Since the Single Bench decision has been appealed, the review petition is not maintainable before the Single Bench. The petitioners will have the right to seek appropriate remedies,” the Court stated.
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
Case No: RP 280/ 2023
