Legal Correspondent
Srinagar, November 19: High Court on Thursday stayed the introduction of e-stamping facility in the state after stamp vendors approached court terming its introduction in state as illegal under article 370.
About 309 members of Stamp Vendors Association Srinagar approached high court against the government move to introduce e-stamping in the state. A single bench of justice Husnain Masoodi issued notices to the state government including Minister for Finance Haseeb Drabu.
Earlier this month Minister for Finance Haseeb Drabu launched the e-stamping system. In this regard state signed an agreement with Stock Holding Corporation of India (SHCI) – the consultant company of the e-stamping facility in the state.
Petitioners through their counsel advocate Mian Abdul Qayoom stated that by introducing e-Stamping system, the respondents have virtually allowed an outside agency to have monopoly on the sale of stamps in the State of Jammu and Kashmir which is not permissible under law.
They said the order by state government in 2013 wherein state switched over to e-stamping in state where-under an outside agency is bestowed with the power of purchase and sale of stamps is hit by Article 370 of the Constitution of India and the other laws which are prevalent in the State of Jammu and Kashmir and forbid such a procedure as, as such, are liable to be set aside.
Stamp vendors said the agreement executed with an outside agency are unconstitutional as they offend the concept of equality and equal protection of law and the right to conduct any business or trade and to earn their livelihood.
Advocate Qayoom on behalf of petitioners said the state government before switching over to e-stamping system should have heard the members of petitioner association and obtain their view as well because e-stamping was going to affect them. They said the government is about twenty thousand people are getting affected by the introduction of e-stamping in the state.
Petitioners said they are selling stamps to public strictly in accordance with terms and conditions and selling stamps from the time of Mahraja Gulab Singh. Stamp vendors said they have been earning revenue for the government even when the life in valley had come to standstill and not the government is throwing them on road.
The petitioners said they approached the government many times regarding the same but there was not reponse from the government forcing them to move to court for the protection of their legal, fundamental and constitutional rights, in exercise of its extraordinary writ jurisdiction vested in it under Article 226 of the Constitution of India , read with section 103 of the Constitution of J&K State.
e-stamping is a computer based application and secured way of paying non-judicial stamp duty to the government through a highly secured and tamper proof certificate and a Unique Identification Number (UIN).