The Supreme Court has issued a notice to the Centre on a petition filed by a US-based octogenarian Overseas Citizen of India (OCI) card holder accused of engaging in “pro-Pakistan propaganda” seeking permission to visit Jammu and Kashmir to attend a wedding in his sister’s family.
A bench led by Chief Justice of India Surya Kant asked the Centre to respond to Khalid Jahangir Qazi’s petition after senior advocate Parag Tripathi submitted on his behalf that the octogenarian simply wanted to visit Jammu and Kashmir to attend the wedding. It posted the matter for hearing on September 7.
The Government had cancelled the OCI card of Qazi (82) in May 2023 for engaging in “pro-Pakistan propaganda” and being sympathetic to Kashmiri separatists, saying his activities were “inimical to the sovereignty and security of India”.
The Indian Consulate in New York had accused him of engaging in “pro-Pakistan propaganda” and he was also blacklisted under the Foreigners Act.
Tripathi urged the top court to urgently decide the petition as delay could lead to the petitioner missing the wedding.
However, the bench said it had to hear the other side and, moreover, another function could be held by the family to celebrate his arrival.
Qazi, a medical practitioner, had visited India in the past and, considering his age as well as that of his relatives, the proposed visit could be his last opportunity to meet family members in Kashmir, Tripathis said. “He is ready to give an undertaking that during his visit, he would not indulge in any political activity,” he submitted.
In November 2024, a single-judge bench of the Delhi High Court quashed the cancellation of his OCI card, holding that he had not been afforded a fair opportunity of hearing before the action was taken.
The Centre’s appeal against that order is pending before a division bench of the high court.
The Delhi High Court had earlier turned down Qazi’s plea for permission to visit India.