On 13 December 2024, a Division Bench of the Madras High Court overturned an interim injunction issued by a single judge that had prevented the Music Academy and ‘The Hindu’ from awarding a cash prize of ₹1 lakh under the title “Sangita Kalanidhi MS Subbulakshmi Award” to leftist musician TM Krishna.
The Bench, comprising Justices S.S. Sundar and P. Dhanabal, allowed an appeal by ‘The Hindu’, which challenged the single judge’s order prohibiting the use of M.S. Subbulakshmi’s name for the award. The Music Academy has given this award since 2005, honouring recipients of the prestigious Sangita Kalanidhi title.
In their ruling, the judges emphasized that awarding a prize in the name of a legendary figure, such as M.S. Subbulakshmi, to recognize an individual’s accomplishments is not illegal. “The conferment of an award by an organization or trust in memory of a legend is a form of acknowledgement, not prohibited by law,” the court noted. The Bench questioned how such an award could be considered a violation of Subbulakshmi’s wishes if it was intended as a tribute rather than an exploitation of her legacy.
The musician’s grandson, V. Shrinivasan, filed the lawsuit and argued that Subbulakshmi had left a will specifying that no memorial, trust, or foundation should be created in her name. The single judge had interpreted the term “memorial” to include awards and cash prizes, concluding that they should not be named after her. However, the Division Bench disagreed with this interpretation. “Had it been the intention of the testatrix that no award should bear her name, it would have been stated explicitly. A contrary interpretation is not legally tenable,” the Bench observed.
In delivering the judgment, Justice Sundar explained that the will’s language suggested Subbulakshmi was concerned about misusing her name for fundraising or creating memorials, not honouring her legacy through awards. The court also noted that several institutions had already established awards and even auditoriums in her name without Shrinivasan’s objection, raising questions about the genuineness of his claim.
The Bench remarked that the ongoing litigation appeared motivated by personal reasons against T.M. Krishna, and they expressed concern that such legal actions might undermine the cultural respect accorded to Subbulakshmi. They concluded, “This case is likely to be shocking to many musicians and artists who revere her. The plaintiff seems to lack bona fide grounds for this litigation.”
Although the Division Bench declined to dismiss the lawsuit outright, it found that Shrinivasan had failed to establish a prima facie case for an interim injunction, allowing the Music Academy and ‘The Hindu’ to proceed with the award. The court also remarked that while family members of M.S. Subbulakshmi might hold her legacy in esteem, it was unlikely that all would share Shrinivasan’s position.
Minutes after the Division Bench’s ruling, senior counsel N. Venkataraman, also Additional Solicitor General in the Supreme Court, sought an urgent hearing before the Chief Justice of India (CJI) for an appeal. The CJI declined, suggesting that the matter could only be addressed the following Monday, and noted that the award could be rescinded if the appellant’s case was upheld.
Meanwhile, senior counsel R. Sankaranarayanan requested that the Division Bench stay its order until the Supreme Court heard the matter. However, senior counsels representing ‘The Hindu’ and the Music Academy opposed this, arguing that the plaintiff could not simultaneously pursue appeals in both courts. Justice Sundar clarified that the order would stand, and the plaintiff could take the necessary legal steps as per the law.
(With Inputs From The Hindu)
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