Excelsior Correspondent
Srinagar, Aug 24: High Court dismissed the plea of the Stamp Vendors Association challenging the Government decision to implement an e-stamping system in J&K.
Justice Tashi Rabstan dismissed the plea of Association and recorded in the judgment that the authorities should impart training to members of the petitioner-Association to come up at par with the niceties of e-stamping procedures.
Court directed that the authorities after imparting training to the members they be granted permission and licences for sale of stamps, so as to enable them to earn their livelihood and sustain their respective families.
Government on September 16, 2013 issued an SRO for implementation of e-stamping in the erstwhile State of J&K initially in districts of Srinagar and Jammu and two Sub Registrar Offices of Jammu on pilot basis.
In this connection all the branches of J&K Bank in the erstwhile State have been nominated as Authorized Collection Centers (ACC) for the collection of stamp duty.
The Association challenged Government order on e-stamping with the plea that it is affecting their livelihood.
Government vehemently opposed the contentions raised by the petitioner-Association and submitted before the court that the country faced colossal losses in revenue due to super-scams, counterfeiting of stamp papers as also the related crimes in J&K as such it was necessary to involve modern web-based computer technology to ensure fool-proof and tamper proof mechanism to deal with the matter.
The court on safeguarding the interests of the petitioner-Association on November 2015 passed an interim order by putting halt on the SRO 402. Court while dismissing the petition and vacating the interim order said, it is the wisdom of a policy underlying a statute is a matter of the Government.
“If a statute is reasonably designed to achieve the purpose of the Act and the case on hand, where section 24-A has been inserted in the Act way back in 2011 which has remained unchallenged, followed by the issuance of SRO 402 to enable the Government to deal with the supply and sale of stamps cannot be enunciated as unconstitutional and contrary to the statutory provisions”, reads the judgment.
Justice Tashi further said, that the courts in exercise of their power of judicial review do not ordinarily interfere with the policy decision of the executive unless the policy can be faulted on grounds of mala fide and arbitrariness.
“The courts are not expected to express their opinion as to whether at a particular point of time or in a particular situation any such policy should have been adopted or not. It is best left to the discretion of the State”, Justice Tashi concluded.
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