“Century old philatelic exhibits are objects of historical significance”: Delhi HC dismisses plea seeking simple procedure for NOC & TEP

The Delhi High Court has recently observed that century-old philatelic exhibits are objects of "historical significance".

The single judge bench was hearing a plea by philatelist Ajay Kumar Mittal who contended that philatelic exhibits like postage and revenue stamps, stamp papers, envelopes, and other such materials are not “antiquities” within the meaning of the Antiquities and Art Treasures Act (AATA), 1972.

Denying Mittal’s contention, Justice C. Hari Shankar observed, “Philatelic exhibits, of near or more than a century‘s vintage, in my opinion, are clearly objects of antiquarian or historical interest or significance”.

The plea filed by Mittal sought to simplify the process of exporting philatelic exhibits abroad. Mittal contended that if the carriage of philatelic exhibits abroad is subjected to the rigors of 1999 Department of Culture (DOC) guidelines and the provisions of the AATA, participation in international exhibitions would become nearly impossible and would also disincentivize philatelists from pursuing their international hobby.

Justice Shankar stated, “The very fact that international exhibitions are held for such connoisseurs of the art, indicates that philatelic exhibits are of great value. A postage stamp of 1900 vintage which, at that time, may have been used and thrown away would if found a hundred years later, have increased its value a thousand-fold.”

“The historical importance of such exhibits cannot, either, be undermined in any manner. They are indispensable indicia of the times in which they were issued, and how transactions were transacted at that time. The very paper on which such exhibits are printed has its fascination, for the discerning aficionado. Such philatelic exhibits are, therefore, obviously articles, objections, or things of historical interest,” the single-judge bench added.

The court further stated that any claim that philatelic exhibits, including postage stamps, revenue stamps, stamp papers, and other such documents from more than a century ago, are not items of historical interest cannot be considered an exaggeration.

Furthermore, the court stated, such exhibits are of enormous historical and, to a lesser extent, “scientific interest” and, for that matter, historical value. “Philately is a hobby of the discerning connoisseur, who appreciates the intrinsic value of vintage stamps and other such documents,” the single judge bench said.

Rejecting Mittal’s contention to simplify the procedure to get a ‘No Objection Certificate’ (NOC) and ‘Temporary Export Permit’ (TEP) from the Archaeological Survey of India (ASI) for exporting philatelic exhibits outside the county to a “one window procedure”, the court held that this case is a matter of administrative discretion and that it cannot direct the framing of any guidelines.

Noting that “the demographics of export of antiquities and art treasures may involve several competing considerations and a ratiocination of issues which this Court lacks the expertise to deliberate upon”, the single-judge bench ordered, “This Court is, therefore, not in a position to grant the reliefs in this petition.”

Case Title: Ajay Kumar Mittal v. UOI & Ors.