Bombay High Court— DC File

MUMBAI: The Bombay High Court on Monday kept in abeyance the ‘Leave India’ notice issued to actor Imran Khan, a US citizen holding an Overseas Citizen of India (OCI) card, until December 7 after he tendered an unconditional apology for participating in a protest in Mumbai. The court, however, made it clear that OCI cardholders cannot claim the fundamental right to protest, which is available to Indian citizens.

The high court came down heavily on the 43-year-old actor for participating in a demonstration held on October 10 in solidarity with the Cockroach Janta Party's agitation in Delhi, demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls. Khan was briefly detained during the protest at Mumbai's historic August Kranti Maidan.

Following the incident, the Foreigners Regional Registration Office (FRRO) issued a notice directing Khan to leave the country by October 28, failing which deportation proceedings would be initiated. The authorities invoked Sections 7(2)(C) and 29 of the Immigration and Foreigners Act, which empower the government to regulate the stay and movement of foreign nationals and order their removal.

Challenging the notice, Khan, nephew of Bollywood actor Aamir Khan, approached the high court. His petition described the notice as “illegal, arbitrary, perverse and drastic”, alleging that it reflected “patent non-application of mind” and amounted to the arbitrary targeting of a public figure.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna questioned Khan’s participation in a protest concerning Indian citizens and observed that the rights available to Indian citizens and OCI cardholders were different.

“The magnanimity of India is such that a US citizen holding an OCI card is first issued a notice asking him to leave the country, instead of deporting him forthwith,” the bench observed.

“If an Indian had done the same thing elsewhere, would it have been tolerated? If this had happened in America, the person would have been put on the next flight back to India,” the court remarked.

The bench also suggested that Khan consider acquiring Indian citizenship if he was keen on participating in protests.

Khan’s counsel, Venkatesh Dhond, submitted an undertaking assuring the court that the actor would neither participate in any protest in the future nor instigate anyone to do so. He also tendered an unconditional apology on Khan’s behalf.

The court, however, said the undertaking alone would not suffice and insisted on an unconditional apology. It also noted that Khan had been living in India since childhood and had built his career here, urging the authorities to show magnanimity.

The bench extended its earlier interim order keeping the ‘Leave India’ notice in abeyance and posted the matter for further hearing on December 7.


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