The Bombay High Court will hear actor Imran Khan’s petition challenging a directive issued by the Foreigners Regional Registration Office (FRRO) asking him to leave India on October 26. The actor has challenged the October 14 notice, arguing that it was issued without giving him a prior hearing and violated his rights as an Overseas Citizen of India (OCI) cardholder.
The matter was mentioned before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna on Monday. Senior advocate Venkatesh Dhond, appearing for Khan, told the court that the actor had received the notice after attempting to attend a protest, where he was stopped midway and had to return.
Dhond informed the bench that the Central government had been served a copy of the petition and requested an early hearing on October 21. However, the court scheduled the matter for October 26 to allow the FRRO time to obtain instructions on the petition.
During the hearing, the bench also asked Khan’s lawyers to implead the Maharashtra government as a party to the case so that the court could ascertain whether the actor had any criminal antecedents.
“Are there any criminal antecedents? Join State as party, so that in case. This is a local matter. So make State of Maharashtra a party,” the court said.
Why Imran Khan challenged the FRRO notice
In his petition, Khan has questioned the circumstances and manner in which the October 14 directive was issued. He has alleged that the authorities acted in haste without giving him an opportunity to present his case and bypassed the statutory protections available to him as an OCI cardholder. The actor has also claimed that the action followed social media campaigns targeting him by political figures.
According to the petition, the authorities issued the directive under public pressure rather than through an independent assessment of the circumstances. Khan has sought the quashing of the October 14 notice and an interim stay on its operation. He has also asked the court to restrain authorities from taking coercive steps, including deportation, issuing lookout notices, blacklisting him or interfering with his OCI status.
Additionally, the actor has sought the production of internal records relating to the decision to direct him to leave India.
What led to the ‘Leave India’ notice?
The directive was issued after Khan was briefly detained by the police following his participation in demonstrations against Chief Election Commissioner Gyanesh Kumar.
The notice came shortly after Bharatiya Janata Party (BJP) leader Kirit Somaiya filed a first information report (FIR) at Mumbai’s Gamdevi police station, alleging public-order violations under the Bharatiya Nyaya Sanhita, 2023.
Khan’s petition, filed on October 17, questions the speed with which the FRRO issued the directive following these developments. He has argued that the authorities failed to follow the procedure required before taking action that could affect his ability to remain in India.
Imran Khan challenges notice, not OCI cancellation proceedings
The actor’s petition also raises questions about the legal safeguards available to OCI cardholders. It argues that the FRRO bypassed Section 7D of the Citizenship Act, which provides for the cancellation of OCI registration on specified grounds and requires the prescribed procedure to be followed.
On October 17, the FRRO separately issued a show-cause notice asking Khan why his OCI registration should not be cancelled under Section 7D of the Citizenship Act. However, the actor has not challenged that notice in the present petition.
The distinction is significant because the October 14 directive asking him to leave India and the subsequent show-cause notice concerning his OCI registration are separate actions.
Also Read: Imran Khan faces second FRRO notice as authorities initiate proceedings to revoke his OCI status
