Chennai: In a significant ruling the Madras High Court on Tuesday upheld the Will executed by legendary Carnatic musician M S Subbulakshmi and said instituting an award in her name would be a violation of her wish.

“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.

The judge was passing orders on a civil suit filed by the musician’s grandson V Shrinivasan of Bengaluru. Shrinivasan had objected to a mirror award carrying a cash prize in the name of M S Subbulakshmi to be given Carnatic vocalist T M Krishna by the Music Academy, a prestigious art and culture institution in Chennai.

The cash award, instituted by The Hindu newspaper, is given as a mirror award to the winner of the Sangita Kalanidhi award given every year by the Academy.

Shrinivasan had objected to the M S Subbulakshmi cash award being given to Krishna as the latter had made adverse comments about the late musician in the past.

The judge cited that Subbulakshmi had in 1997 executed a will in which she said no trust, foundation, memorial, statue or bust should be instituted in her name or memory.

“Some may even think that to cherish the memory of M S Subbulakshmi, awards must be instituted and statues 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 court said. The judge added that the best way to honour a departed soul is to honour and respect her wish and not disrespect it.

At the same time, the judge said, Krishna’s reported comments against the late Carnatic singer would not matter when it comes to conferring the Sangita Kalanidhi award or 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 court said.

Besides, “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 Krishna had, in the past, made certain unpleasant remarks about M.S. Subbulakshmi.”

Nonetheless, the plaintiff had locus standi to file the suit. Hence the court restrained the Music Academy and The Hindu from giving away the cash prize with the title ‘Sangita Kalanidhi M.S. Subbulakshmi Award’ till the disposal of the civil suit. However, the Sangita Kalanidhi award can be conferred on Krishna and also the cash prize can be given without using the name of M S Subbulakshmi, the court added.