Imran Khan challenges Mumbai Police order to leave India over protest

Imran Khan has challenged Mumbai Police's departure notice in the Bombay High Court. The case tests whether an OCI cardholder can face removal for joining a peaceful protest.

In Short

• The actor called the notice illegal, drastic and legally unsustainable
• His plea says OCI rules do not prohibit peaceful protests
• Police briefly detained Khan at August Kranti Maidan on October 10

Actor Imran Khan has moved the Bombay High Court against a Mumbai Police notice directing him to leave India by October 28 for allegedly violating rules by taking part in a political demonstration, news agency Press Trust of India reported. Khan is a US citizen and an Overseas Citizen of India cardholder.

The 43-year-old actor has asked the court to quash the notice and suspend its operation until his petition is decided. He described the notice as “illegal, perverse, drastic and bad in law”.

Khan filed the petition on Saturday through advocate Zulfiquar Memon and MZM Legal. The plea said there was no provision under existing law or rules that prohibited an OCI cardholder from participating in a peaceful protest.

The petition is expected to be mentioned for an urgent hearing before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.

“The notice has been issued without disclosing any reasons, supporting material, or specific statutory contravention. It was issued without inquiry, a show-cause notice, or any opportunity for the Petitioner (Khan) to respond to the alleged violations,” the plea said.

The police action followed Khan’s brief detention during a protest at August Kranti Maidan in Mumbai on October 10. The protesters had gathered in solidarity with a demonstration by the Cockroach Janta Party in Delhi, which was demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the SIR issue.

Officials cited by PTI said Khan was served the departure order after the authorities invoked Sections 7(2)(C) and 29 of the Immigration and Foreigners Act. These provisions allow the government to restrict the movement of foreign nationals and order their removal.

Section 7(2)(C) allows the government to prohibit, regulate or restrict the presence or continued presence of a foreign national. It also empowers officials to direct a person not to remain in India or in a specified area.

Section 29 allows the government to remove a foreign national for violating provisions, rules or orders under the Act, or based on an adverse security report. It also gives law enforcement officers reasonable powers to carry out such a direction.

Khan, the nephew of actor Aamir Khan who has appeared in several Hindi films, has been ordered to leave India by October 28. If he fails to do so, deportation proceedings under Section 29 may be initiated. His petition seeks to have the departure notice quashed and its implementation stayed.

- Ends