CHENNAI: The Madras High Court on Monday questioned whether the Will of legendary carnatic singer MS Subbulakshmi prevented any third party from instituting an award in her name.
A division bench of Justices SS Sundar and P Dhanabal raised the query while hearing the appeals filed by the Music Academy and The Hindu Group against a single judge's order barring the latter from using the name of Subbulakshmi in the mirror award they present along with the annual Sangita Kalanidhi award conferred by the Music Academy.
The order was issued in a case filed by V Shrinivasan, grandson of the late singer, after the Music Academy decided to confer the Sangita Kalanidhi award for 2024 to renowned carnatic singer TM Krishna.
The division bench noted that Subbulakshmi's will prohibited two things, viz. there shall not be a memorial or trust in her name and that no donations shall be collected in her name.
"How can this be interpreted as no third party shall not create something (award) in memory of her? What is the legal impediment (for instituting the award)? How is Music Academy restricted by the will," it asked.
The bench said the late singer's intention might have been that her name should not be exploited by anyone to make profit and it might not be the case that she actually wanted to prevent a third party from instituting an award in her name.
The bench noted that the single judge did not restrain the Music Academy and The Hindu Group from conferring the award on grounds of the comments made regarding the late singer by Krishna, but it was done "only on the prima facie case" that she did not wish the instituting of such an award in her name as per her Will.
The bench informed the parties that it would consider whether the injunction was granted on the basis of the admitted facts of the case and the locus standi of Shrinivasan.
Senior advocate R Sankaranarayanan appeared for Shrinivasan, while senior advocates PS Raman and T Mohan represented the Music Academy and the The Hindu Group respectively.
The bench adjourned the case to Wednesday for further arguments.