Actor Imran Khan, a US citizen and Overseas Citizen of India (OCI) cardholder, has been allowed to continue staying in India after agreeing to tender an unconditional apology before the Bombay High Court over his alleged involvement in a protest against the Special Intensive Revision (SIR) of electoral rolls.
During Monday’s hearing of his petition challenging the ‘Leave India Notice’ issued by the Foreigners Regional Registration Office (FRRO), the court observed that OCI cardholders remain “at the mercy of the country” and cannot claim the same rights as Indian citizens.
The High Court also asked Khan to submit an undertaking that he would not participate in protests or agitations in the future.
How the dispute began
The case stems from a protest held near August Kranti Maidan in Mumbai on October 10, demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the SIR exercise.
Khan was briefly detained by the Mumbai Police during the demonstration. He was among those taken into custody at the site, following which BJP leader Kirit Somaiya filed a police complaint alleging that the actor had violated immigration rules by participating in a political protest despite being a foreign national.
The police subsequently forwarded an FIR to the FRRO, which issued a ‘Leave India Notice’ to Khan on October 14. The notice, issued under the Immigration and Foreigners Act, 2025, directed him to leave the country by October 28.
The actor approached the Bombay High Court on October 17, challenging the directive as arbitrary, unconstitutional and disproportionate. He maintained that he had neither organised nor participated in the demonstration and was merely present near the protest site before leaving when asked by the police.
Actor cites long stay in India, challenges FRRO notice
In his petition, Khan argued that the authorities could not direct him to leave India solely on the basis of an allegation that he had taken part in a protest.
He also pointed out that he had lived in India for nearly four decades and that his OCI status entitled him to a lifelong visa to stay in the country. He alleged that the FRRO had issued the notice without giving him an opportunity to explain his position.
Khan further challenged the manner in which the authorities had acted, arguing that the notice was issued without a prior hearing and without giving him an opportunity to respond to the allegations.
The FRRO had separately issued a show-cause notice asking why his OCI registration should not be cancelled under Section 7D(e) of the Citizenship Act, 1955. The provision empowers the government to cancel OCI registration on specified grounds, including matters relating to national security, sovereignty and public interest.
High Court had earlier put notice on hold
Before Monday’s hearing, the Bombay High Court had kept the FRRO’s directive in abeyance until November 2, after the Centre sought more time to respond to Khan’s petition.
The court had passed the interim order on October 27 after the government’s counsel assured it that no coercive action would be taken against the actor in the meantime. The development came a day before the October 28 deadline mentioned in the notice.
Khan’s petition seeks to challenge the legality of the FRRO’s action, while the separate show-cause notice concerning the possible cancellation of his OCI registration remains part of the proceedings.