Actor Imran Khan to move Bombay HC against notice directing him to leave India

Actor Imran Khan will move the Bombay High Court challenging a notice directing him to leave India by October 28 for allegedly violating provisions of the Immigration and Foreigners Act by participating in a protest against Chief Election Commissioner (CEC) Gyanesh Kumar.

Khan, a US national, is likely to file a petition in the high court by Friday or Monday through his advocate Zulfikar Memon from MZM Legal.

The plea is expected to challenge the legal basis of the notice, arguing that no provision of the law or any rule prohibits an OCI (Overseas Citizen of India) cardholder from participating in a protest. The actor’s legal team has described the Mumbai police notice, asking the 43-year-old actor to leave the country by October 28, as “drastic”.

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Once filed, the plea is likely to be mentioned before a division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna for urgent hearing.

Mumbai police issue notice

Earlier, the Mumbai police issued a notice to Khan, directing him to leave India by October 28 for allegedly violating provisions of the Immigration and Foreigners Act.

The action came after the actor, nephew of superstar Aamir Khan, participated in an agitation on October 10 in Mumbai, where protesters demanded the resignation of Chief Election Commissioner Gyanesh Kumar, the police official said. During the demonstration, the police had also briefly taken the actor into custody.

“Imran Khan holds foreign citizenship and is not an Indian national. Under relevant provisions of the Foreigners/Immigration Act, foreign nationals are prohibited from participating in political protests or political activities on Indian soil,” a police official said.

A formal notice directing the actor to leave the country by October 28 has been served on him, and he has received a copy, the police said. Further administrative procedures in the matter are underway, they added.

Former BJP MP Kirit Somaiya had urged Mumbai police to act against Imran Khan for joining a protest in support of the Cockroach Janta Party despite being a “foreign citizen,” and sought clarity on whether he can participate in such agitations.

OCI status and political rights

OCI cardholders are foreign nationals who enjoy certain privileges, including a lifelong, multiple-entry visa to India, subject to applicable rules and conditions. Despite the name, Overseas Citizen of India status does not confer Indian citizenship or the political rights available to Indian citizens.

OCI cardholders cannot vote in Indian elections, contest elections to Parliament or state legislatures, or exercise other political rights reserved for Indian citizens. Their rights and restrictions are governed by the Citizenship Act, 1955, along with the rules and notifications issued by the Centre.

The OCI rules do not specify whether a cardholder may participate in a public protest in India. However, the absence of an explicit provision on protest participation does not, by itself, establish that OCI cardholders are permitted to participate in such demonstrations.

OCI cardholders can also face action under Section 7D of the Citizenship Act, 1955, which provides for cancellation of OCI registration on specified grounds.

Opposition parties slam move

Meanwhile, Opposition parties on Thursday labelled the government as “dictatorial”. Accusing the Centre of running a dictatorship, Congress leader Nana Patole also alleged that people’s freedom was being snatched away, while Shiv Sena (UBT) MP Sanjay Raut said the government was scared.

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NCP (SP) working president Supriya Sule said Khan had committed no crime by participating in a protest and claimed that leaders accused of criminal activities hold key positions in several states.

Talking to reporters, Raut also sought to know why the government does not ask former Bangladesh Prime Minister Sheikh Hasina to leave India. Hasina has been in exile in India after fleeing Bangladesh during mass student-led protests in August 2024.

Interacting with reporters in Nagpur, former Maharashtra Congress chief Patole said the action against Imran Khan was an example of a dictatorial rule. “Not just actor Imran Khan, but anyone in the country who speaks against the government is labelled as a traitor by people sitting in the government,” he said.

(With agency inputs)