New Delhi: A division bench of the Madras high court on Friday (December 13) set aside the interim injunction granted by a single judge, that restrained the Music Academy and The Hindu from giving away a cash prize of Rs. 1 lakh under the title “Sangita Kalanidhi M.S. Subbulakshmi Award” to singer T.M. Krishna.
An appeal filed by The Hindu challenging the single judge’s interim injunction was allowed by the division bench of Justices S.S. Sundar and P. Dhanabal, reported The Hindu.
“Conferment of an award by an organisation or a trust in memory of a legend to an individual is a recognition of his/her achievement and is not prohibited in law…. Conferment of award to a person by defendants 1 to 3 (Music Academy and The Hindu) in the suit is a right which is not forbidden or prohibited in law,” said the bench in its order.
Earlier, V. Shrinivasan, the grandson of M.S. Subbulakshmi had filed a civil suit against the use of his grandmother’s name citing a will of the acclaimed singer wherein she had said that “no trust, foundation or memorial of any kind, including erecting of any statue or bust, shall be formed or created or made in my name.”
While the single judge had interpreted the word “memorial” in the will to include awards and cash prizes as well, the high court disagreed with him, saying that it is unable to accept the logic and reasoning of the single judge.
“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 Division Bench said.
