CHENNAI: Clearing the decks for Music Academy to confer the Sangita Kalanidhi MS Subbulakshmi Award on ace singer TM Krishna on Sunday, a division bench of the Madras high court stayed a single judge order that restrained the academy from using Subbulakshmi’s name in the award.
Within hours of the division bench order, the Supreme Court declined to intervene in the matter saying an appeal against the high court order could be taken up for hearing only on Monday.
Earlier in the day, a division bench of Justice S S Sundar and Justice P Dhanabal passed the order on an appeal moved by the academy challenging a single judge order.
“From the plain reading of the contents of the Will (of Subbulakshmi), the testatrix did not want anybody to form or create or make any trust, foundation or memorial of any kind including erecting of any statue or bust in her name or in her memory,” the bench said.
The testatrix expressed her further desire that no fund or donation or contribution shall be collected for the purpose of forming or creating or making any trust, foundation or memorial. The findings of the single judge that conferment of award in her name or in memory of her is forbidden and cannot be accepted, the bench said.
Had it been the intention of the testatrix that no award shall be conferred on anyone in her name, that could have been expressed in simple language. An interpretation contrary to the plain language of the instrument is not permissible in law. Therefore, the view expressed by the single judge on the interpretation of Will is against well settled principles, the bench added.
During her lifetime, it was pointed out that Subbulakshmi had acknowledged several works in her name or in memory of her. The fact that several awards have been instituted in her name and few statutes or structures have been constructed / erected for her or in her name, is not in dispute, the judges said.
Pointing out that the plaintiff has not impleaded all the organisation that had instituted awards in the name of Subbulakshmi, the bench said, “…this court is unable to reject the contention or stand taken by appellants that the suit and the interlocutory application is not for a bona fide cause, but with an oblique motive against Krishna.”
“This court for sure, feels that no other legal heir of late Subbulakshmi will agree that there shall be no conferment of any award in her name or in her memory,” the court said.
The testatrix has created a legacy. Every family member of late Subbulakshmi and her legal representatives enjoys certain respect in the society for being her relative. In such circumstances, it is difficult to accept that everyone in the family will sail with the plaintiff.
On Friday, minutes after the bench permitted the academy to proceed with the award, senior advocate N Venkataraman made a mention in the Supreme Court requesting an urgent hearing of an appeal against the HC order.
It was pointed out that the award ceremony is scheduled to happen on Sunday. The first of SC headed by Chief Justice of India Sanjiv Khanna said that the appeal would be heard on Monday and that the award could be taken back if the court ultimately finds any merit in the case.
