Bollywood actor Imran Khan, a United States citizen and Overseas Citizen of India (OCI) cardholder, is preparing to approach the Bombay High Court against a Mumbai Police notice directing him to leave India by October 28 for allegedly violating immigration regulations by participating in a political demonstration.
The 43-year-old actor, who is the nephew of Bollywood superstar Aamir Khan, is expected to file a petition through his advocate Zulfiquar Memon by Friday or Monday, challenging the legality of the departure order.
According to the draft petition, Khan has described the police directive as "drastic" and maintained that neither the existing immigration law nor the statutory rules expressly prohibit an OCI cardholder from participating in a peaceful protest.
The proposed legal challenge follows his brief detention during a demonstration at Mumbai's August Kranti Maidan on October 10.
Protesters had gathered at the historic venue in solidarity with a demonstration organised by the Cockroach Janta Party in Delhi, demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
The police subsequently issued a notice directing Khan to leave the country, citing provisions of the Immigration and Foreigners Act.
๐๐ฐ๐๐ผ๐ฟ ๐๐ผ ๐ฐ๐ต๐ฎ๐น๐น๐ฒ๐ป๐ด๐ฒ ๐ฑ๐ฒ๐ฝ๐ฎ๐ฟ๐๐๐ฟ๐ฒ ๐ผ๐ฟ๐ฑ๐ฒ๐ฟ
Khan's proposed petition is expected to question whether participation in a peaceful political demonstration can constitute sufficient grounds for directing an OCI cardholder to leave India.
His legal team has argued that the authorities cannot impose such a severe consequence without establishing a violation of an applicable statutory provision.
The petition is likely to be mentioned for urgent hearing before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.
The actor is expected to seek judicial intervention before the October 28 deadline, beyond which the authorities have indicated that deportation proceedings may be initiated.
The draft petition contends that the directive is disproportionate to the alleged conduct and raises questions about the interpretation of restrictions applicable to foreign nationals holding OCI status.
The High Court has not yet examined the challenge, and the proposed petition remains to be formally filed.
๐ฃ๐ผ๐น๐ถ๐ฐ๐ฒ ๐ถ๐ป๐๐ผ๐ธ๐ฒ ๐ถ๐บ๐บ๐ถ๐ด๐ฟ๐ฎ๐๐ถ๐ผ๐ป ๐ฝ๐ฟ๐ผ๐๐ถ๐๐ถ๐ผ๐ป๐
According to officials, the Mumbai Police issued the departure notice by invoking Section 7(2)(c) and Section 29 of the Immigration and Foreigners Act.
Section 7(2)(c), as cited by the authorities, empowers the government to issue directions regulating or restricting the presence of foreign nationals in India.
The provision includes the power to direct that a foreign national shall not remain in India or in a specified area.
The authorities have also relied on Section 29, which provides for the removal of foreign nationals in circumstances covered by the legislation, including contravention of applicable provisions, rules or orders.
The notice directs Khan to leave India on or before October 28 and warns that further action may follow if he fails to comply.
The actor's legal challenge is expected to examine whether these provisions can be invoked solely on the basis of participation in the October 10 demonstration.
๐ข๐๐ ๐๐๐ฎ๐๐๐ ๐ฎ๐ ๐ฐ๐ฒ๐ป๐๐ฟ๐ฒ ๐ผ๐ณ ๐น๐ฒ๐ด๐ฎ๐น ๐ฑ๐ถ๐๐ฝ๐๐๐ฒ
The case raises questions about the rights and restrictions applicable to OCI cardholders residing in India.
OCI status allows eligible foreign nationals of Indian origin to reside in India and provides certain immigration-related privileges. However, it does not confer Indian citizenship or the full range of political rights available to Indian citizens.
Khan's proposed petition argues that the absence of an express statutory prohibition against participating in peaceful demonstrations is relevant to determining whether the departure order is legally sustainable.
The authorities, on the other hand, have invoked provisions governing the continued presence and removal of foreign nationals.
The legal dispute is therefore expected to turn on the interpretation of immigration powers, the conditions attached to OCI status and the circumstances in which a departure directive may be issued.
๐๐ฐ๐๐ถ๐ผ๐ป ๐ณ๐ผ๐น๐น๐ผ๐๐ ๐ข๐ฐ๐๐ผ๐ฏ๐ฒ๐ฟ ๐ญ๐ฌ ๐ฝ๐ฟ๐ผ๐๐ฒ๐๐
Khan was briefly detained on October 10 during a demonstration at August Kranti Maidan, a location associated with India's freedom movement.
The protest was organised in solidarity with demonstrations in Delhi over the SIR exercise and demands for the resignation of the Chief Election Commissioner.
The agitation formed part of a broader political controversy surrounding electoral-roll revisions and the Election Commission's handling of the process.
Following the demonstration, Mumbai Police initiated action against Khan on the ground that his participation allegedly violated restrictions applicable to foreign nationals.
His legal team disputes that interpretation and is preparing to challenge the resulting departure notice.
๐ข๐ฐ๐๐ผ๐ฏ๐ฒ๐ฟ ๐ฎ๐ด ๐ฑ๐ฒ๐ฎ๐ฑ๐น๐ถ๐ป๐ฒ ๐น๐ผ๐ผ๐บ๐
The immediate issue before the proposed legal proceedings will be the October 28 deadline imposed on Khan.
Unless the directive is withdrawn or stayed by a competent court, the actor faces the possibility of enforcement action under the provisions cited in the notice.
The petition is expected to seek urgent consideration because of the limited time available before the deadline.
The Bombay High Court will have to examine the legality of the administrative action if the petition is filed and taken up for hearing.
For now, the actor's challenge remains at the preparatory stage, with his lawyers seeking to contest the departure directive before it takes effect.