Imran Khan apologises over SIR Protest, Bombay HC keeps leave India notice on hold till December 7

The Bombay High Court on Monday extended interim relief to actor Imran Khan in his legal battle against a Leave India Notice (LIN) issued by the Foreigners Regional Registration Office (FRRO).

The court clarified that an Overseas Citizen of India (OCI) cardholder cannot be treated at par with an Indian citizen while taking note of Khan’s unconditional apology and undertaking.

The bench ordered that the suspension of the Leave India Notice will continue until the FRRO considers Khan’s response and takes a decision after giving him an opportunity to be heard. The next hearing in the matter is scheduled for December 7. The development comes after the actor challenged the FRRO’s October 14 notice directing him to leave India by October 28. The notice followed his participation in a protest against Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls in Mumbai.

Why was Imran Khan asked to leave India?

The controversy began on October 10, when Imran Khan was detained by Mumbai Police during a protest near August Kranti Maidan in Mumbai. The demonstration was organised against Chief Election Commissioner Gyanesh Kumar in connection with the SIR exercise.

Also Read: Actor Imran Khan asked to leave India by the Mumbai Police days after participating in CJP-led protest

Following the incident, BJP leader Kirit Somaiya filed a complaint alleging that Khan, being a US citizen and OCI cardholder, had violated the conditions applicable to his status. The Mumbai Police subsequently forwarded an FIR to the FRRO. Acting on the matter, the FRRO issued a Leave India Notice on October 14, asking the actor to leave the country by October 28. Imran Khan challenged the notice before the Bombay High Court, questioning its legality and arguing that he had not been given an opportunity to explain his position before such a direction was issued.

What did Imran Khan argue in court?

In his petition, Khan challenged the FRRO’s action and sought to have the notice quashed. He argued that the order was disproportionate and that his participation in the protest did not justify directing him to leave India.

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Imran Khan, a US citizen and OCI cardholder, has reportedly lived in India for over four decades. His plea also questioned the manner in which the authorities initiated action against him without first seeking his explanation. The actor sought protection against coercive action, including deportation, while his petition was being heard.

What did the Bombay High Court say?

During Monday’s hearing, the bench made it clear that OCI cardholders do not enjoy the same status and rights as Indian citizens. The court questioned Khan’s participation in the SIR-related protest, observing that he was not directly affected by the electoral revision exercise as an OCI cardholder.

The bench also sought an unconditional apology and an undertaking from the actor that he would not participate in similar protests in the future.

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Imran Khan subsequently tendered an unconditional apology and gave the undertaking before the court. At the same time, the court took note of the fact that he had been living in India for several decades and emphasised that he should be given an opportunity to respond before the FRRO takes a final decision.

Also Read: Imran Khan released hours after Mumbai Police detain him during CJP protest

What happens next?

With the Bombay High Court continuing the suspension of the Leave India Notice, Imran Khan will not have to leave India immediately under the notice. The FRRO will now have to consider his response, give him an opportunity to present his case and take a decision in accordance with the law.

The High Court has kept the matter pending and listed it for December 7. The final decision on his immigration status and the notice will depend on the proceedings before the FRRO and any further directions from the court.