Now Reading: Supreme Court seeks centre’s reply on separatist-tagged OCI holder’s Kashmir visit
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Supreme Court seeks centre’s reply on separatist-tagged OCI holder’s Kashmir visit
Supreme Court seeks centre’s reply on separatist-tagged OCI holder’s Kashmir visit
The Supreme Court on Tuesday asked the Union government to respond by September 7 to a plea by US-based Overseas Citizen of India (OCI) card holder Khalid Jahangir Qazi seeking permission to…
The Supreme Court on Tuesday asked the Union government to respond by September 7 to a plea by US-based Overseas Citizen of India (OCI) card holder Khalid Jahangir Qazi seeking permission to visit Kashmir for his sister's family wedding functions. A bench led by CJI Surya Kant issued notice after senior advocate Parag Tripathi, appearing for Qazi, said the 82-year-old medical practitioner had visited India previously and his advanced age made this likely his last chance to meet relatives in Kashmir.
Qazi offered an undertaking to abstain from any political activity during the visit, which persuaded the court to seek the centre's reply. The Delhi High Court had earlier denied his request to travel to India. The government cancelled Qazi's OCI card in May 2023, accusing him of pro-Pakistan propaganda and activities inimical to India's sovereignty. A single-judge bench of the Delhi HC quashed that cancellation in November 2024, ruling Qazi was not given a fair hearing before the order, an appeal against which is pending before a division bench.
Indian Opinion Analysis
The case treads familiar legal ground. India's OCI scheme, introduced in 2005 by amending the Citizenship Act of 1955, grants lifelong visa-free travel to overseas Indians but explicitly excludes anyone engaged in activities against the country's sovereignty. The government cancelled Qazi's card under this provision in 2023, citing his alleged links to separatist causes. Delhi High Court's November 2024 order quashing that cancellation centred on a procedural flaw: Qazi was not heard before the decision. The core legal question now is whether procedural fairness overrides national security discretion. The Supreme Court's September 7 hearing will test how strictly courts will enforce natural justice against the government's executive powers.
Source: timesofindia.indiatimes.com
This brief was synthesised by AI from the source linked above.
