The Madras High Court on Tuesday (November 19, 2024) cleared the decks for conferment of the prestigious ‘Sangita Kalanidhi’ award by the Music Academy on Carnatic singer T.M. Krishna and also the giving away of another mirror award, instituted by The Hindu in 2005 with a cash prize of ₹1 lakh, to him on January 1, 2025.
Justice G. Jayachandran, however, ordered that the mirror award, carrying the cash prize, should not be named after acclaimed classical musician M.S. Subbulakshmi since she had executed a will in 1997 expressing her desire that no trust, foundation, memorial, statue or bust should be instituted in her name or memory.
The orders were passed following a civil suit filed by Bengaluru-based V. Shrinivasan who claimed to be the grandson of Subbulakshmi. The plaintiff had opposed the conferment of the mirror award on Mr. Krishna primarily on the ground that the latter had made highly critical remarks against her.
However, pronouncing his orders on the plea for grant of interim injunction, Justice Jayachandran said, none of the reported comments made by Mr. Krishna against Subbulakshmi would matter when it comes to conferring the Sangita Kalanidhi award or giving away the cash prize without using her name.
“His opinion about M.S. Subbulakshmi whether good, bad or ugly will not disqualify him from getting the title Sangita Kalanidhi. Conferring this title is the prerogative of the executive committee of the Music Academy. The suitability has to be decided by them and not by the plaintiff,” the judge said.
He went on to state: “If The Hindu wants to honour the Sangita Kalanidhi of the year with a cash prize, the same also cannot be restrained for the reason that Mr. Krishna had, in the past, made certain unpleasant remarks about M.S. Subbulakshmi.”
On the other hand, accepting the plaintiff’s other contention with respect to the contents of a Will executed by his grandmother before her death in 2004; the judge said, it would be against the departed musician’s wish to name the mirror award, carrying the cash prize, after her.
“A violation of a dead person’s wish cannot be entertained or allowed by the court that too under the guise of commemorating or honouring her… The court cannot neglect its responsibility to ensure the enforcement of the desire and mandate of the dead person,” Justice Jayachandran said.
Observing that the terms of the will would have to be understood sitting in the armchair of the testator, the judge said: ‘Some may even think that to cherish the memory of M.S. Subbulakshmi, awards must be instituted and statutes must be erected befitting her contribution to Carnatic music. Even if the entire world wishes to do so, the wish and mandate of M.S. Subbulakshmi should prevail over it since the testator has a right to issue such prohibitory mandate and such mandate binds all.”
The judge also wrote: “The best way to honour a departed soul is to honour and respect her wish and not disrespect it. In fact, if any person who really has any reverence and regard to M.S. Subbulakshmi, after going about her desire and mandate, should not continue to give awards in her name. Similarly, if anyone truly and honestly respects the sentiments and wish of the departed soul, should not receive an award instituted against her wish and mandate.”
Holding that the plaintiff had locus standi to file the present suit and the balance of convenience was also in his favour, the judge restrained the Music Academy as well as The Hindu from giving away the cash prize with the title ‘Sangita Kalanidhi M.S. Subbulakshmi Award’ till the disposal of the civil suit.
“It is made clear this order shall not restrain or forbear Music Academy from conferring the Sangita Kalanidhi title for the year 2024 on T.M. Krishna or The Hindu from distributing the prize award carrying cash prize of ₹1 lakh for Mr. Krishna without using the name M.S. Subbulakshmi in any form. In other words, the decision of Music Academy to confer the Sangita Kalanidhi on Mr. Krishna or giving cash prize of ₹1 lakh to him recognising his achievements in the field of Carnatic music are not restrained,” the judge concluded.
Though the Music Academy had been conferring the Sangita Kalanidhi, comprising a gold medal and Birudu Patra (a citation), for several decades now, The Hindu had instituted the other award titled ‘Sangita Kalanidhi M.S. Subbulakshmi Award,’ carrying a cash prize, in 2005 to be given to the same person who gets selected for the Sangita Kalanidhi every year.
The Music Academy as well as The Hindu had contended before the High Court that several awards named after M.S. Subbulakshmi had been instituted by various entities, including the Tamil Nadu Eyal Isai Nataka Manram, but the plaintiff had chosen to selectively challenge only one such award.
Published – November 19, 2024 03:51 pm IST
