NEW DELHI: The Supreme Court on Monday said that Carnatic vocalist TM Krishna should not be recognised as the recipient of the MS Subbulakshmi award. It issued notices to Krishna, the Music Academy, and others on a plea filed by MS Subbulakshmi’s grandson, who challenged the use of the legendary singer’s name for the award, claiming it violated her will.
The apex court on Sunday had declined to immediately intervene, stating that an appeal against the Madras high court’s order allowing the award could only be heard on Monday. Chief Justice of India Sanjiv Khanna remarked, “The appeal will be heard on Monday, and the award could be taken back if the court ultimately finds any merit in the case.”
Earlier, the Music Academy was granted relief when a division bench of the Madras high court stayed a single judge’s order restraining the academy from using Subbulakshmi’s name for the award. The bench of Justices S S Sundar and P Dhanabal observed, “From the plain reading of the contents of the Will, 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.”
However, the bench rejected the interpretation that Subbulakshmi intended to forbid the conferment of awards in her name, stating, “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.”
The court noted that during her lifetime, Subbulakshmi had acknowledged several works and awards instituted in her name, and such practices were not in dispute. It also highlighted that the plaintiff, her grandson, had not included other organisations that had instituted similar awards in her name, adding, “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.”
After the Madras high court on Friday allowed the Music Academy to proceed with the award, senior advocate N Venkataraman urgently mentioned the matter in the Supreme Court. The award ceremony took place on Sunday despite the pending appeal.