J U D G M E N T

% 04.11.2022

1. Are philatelic exhibits ―antiquities‖ within the meaning of the Antiquities and Art Treasures Act, 1972? The parties before me have joined issue on this query which, therefore, this judgement attempts to answer.

Facts

2. The petitioner is a philatelist.

3. The philatelic materials which interest the petitioner include postage and fiscal stamps, envelopes, stamp papers and other such documents which, as per Mr. Sunil Mittal, learned Counsel for the petitioner, may be of more than a century‘s vintage. The petitioner claims to own various philatelic collections and has, by way of examples, referred to exhibits, exhibited by the petitioner at various philatelic exhibitions, relating to the ancient postal system of the Indore Princely Estate, fiscals of the Indore Princely Estate, fiscals of the Kishangarh Princely State and fiscals of Khairagarh Princely State, among others. The petitioner is a member of the Philatelic Congress of India (PCI) which, as per the petition, is the apex body of philatelists in the country. The PCI, in turn, is a member of the Federation of International Asian Philately (FIAP) and the Federation of International Philately (FIP). The FIP, according to the petition, is an international body to which all national Philatelic Federations, including the PCI, are affiliated.

4. The FIP/FIAP organise international philatelic exhibitions. These international philatelic exhibits, according to the petition, follow a standard protocol. The host country which announces that it would be hosting the exhibition, intimates all members of the FIP and the FIAP in that regard. Each member country of the FIP and the FIAP is required to appoint a National Commissioner, representing that country at the exhibition. The National Commissioner is the intermediary between the National Federation and the Exhibition Management. The National Commissioner is, needless to say, required to be a philatelist of repute. The National Commissioner collates philatelic exhibits from philatelists across the country, which they desire to be exhibited, and carries them to the exhibition abroad. After exhibition, the exhibits are brought back by the National Commissioner and returned to the philatelists who own them.

5. With that preliminary background, one may come to the meat of the matter.

6. The petitioner, who had been appointed National Commissioner for representing India at international philatelic Events in the past as well, used, every year, to approach the Department of Posts in the first instance, seeking its clearance for carrying, with him, philatelic exhibits outside the country. The Department of Posts (―the DOP‖ hereinafter) would, then, write to the Department of Culture (―the DOC‖ hereinafter), for grant of no objection so that the petitioner could obtain a Temporary Export Permit (TEP) from the Archaeological Survey of India (ASI), which was required for the petitioner to export the philatelic exhibits outside the country.

7. The petitioner has placed, on record, approvals granted, in this regard, by the DOP, the DOC and the ASI, in the past, for carriage of philatelic exhibits abroad. With reference to philatelic exhibits which the petitioner desired to carry abroad for participation in the 10th Asian Philatelic Exhibition 1996, to be held in Taipei from 21st to 27th October 1996, the petition refers to the following documents:

(i) The DOP, vide certificate dated 17th June 1996, certified that the petitioner had been appointed National Commissioner for philatelists from India, whose philatelic collections were to be entered in the 10th Asian International Philatelic Exhibition to be held at Taipei.

(ii) Following this, the DOC vide Office Memorandum (OM) dated 9th September 1996, forwarded, to the Department of Economic Affairs, the request of the petitioner for participation in the Taipei Exhibition, for necessary action for obtaining clearances from other respective departments/ministries. While doing so