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Actor Imran Khan Challenges “Leave India” Notice in Bombay High Court
By Drooid · · How we work
Court Hearing and Petition Details
The Bombay High Court has scheduled a hearing for Tuesday on a petition filed by actor Imran Khan. The petition seeks to quash a police notice that orders him to leave India by October 28. Khan filed the petition on October 17 through advocate Zulfikar Memon and MZM Legal, requesting a stay on the notice and protection from any coercive action while the case is pending.
Background of the Notice
Khan, a U.S. citizen and nephew of actor Aamir Khan, was briefly detained on October 10 during a demonstration at Mumbai’s August Kranti Maidan. The gathering supported the Cockroach Janata Party’s protest in Delhi, which demanded the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision of electoral rolls. Following the incident, Mumbai police issued a notice on October 14 directing Khan to depart India by October 28. The Foreigners Regional Registration Office (FRRO) simultaneously sent a show-cause notice questioning why his Overseas Citizen of India (OCI) status should not be cancelled.
Legal Grounds Cited
Police officials state that the departure order relies on Sections 7 (2)(C) and 29 of the Immigration and Foreigners Act. Section 7 (2)(C) permits the government to prohibit or restrict the presence of any foreign national, while Section 29 authorises removal of a foreigner who breaches any provision of the Act or is subject to an adverse security report. Khan’s petition argues that the notice is “illegal, arbitrary, perverse and drastic,” violates the principles of natural justice, and infringes his constitutional rights to equality under Article 14 and life under Article 21.
Government Position
Solicitor General Tushar Mehta, appearing by video link from Delhi, said he had no objection to the matter being heard on Tuesday. Police maintain that the notice is lawful under the cited statutory provisions. The FRRO’s show-cause notice seeks an explanation for retaining Khan’s OCI status.
Potential Outcomes
If the court does not stay the notice and the deadline passes, deportation proceedings may commence under Section 29 (as noted for a May 29 deadline). Khan contends he has lived in India since age two, that the FIR related to the protest remains at the investigation stage, the alleged offences are bailable, and no chargesheet or court cognizance has yet occurred.