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Bombay High Court Puts Imran Khan’s “Leave India” Notice on Hold

By Drooid · · How we work

Core Event

Actor Imran Khan Pal, a U.S. citizen and OCI cardholder, was served a Leave India Notice (LIN) by the FRRO, Mumbai, on October 14 2026, directing him to leave by October 28 2026 for alleged participation in an October 10 protest. Khan filed a writ petition challenging the notice on procedural grounds. On October 27 2026, a division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna stayed the LIN until the next hearing on November 2 2026 after the Centre’s counsel gave an oral assurance that no coercive action would be taken.

Background & Context

The October 10 protest near August Kranti Maidan supported the Cockroach Janta Party’s agitation in Delhi over the Chief Election Commissioner’s alleged misconduct. BJP leader Kirit Somaiya filed a complaint alleging Khan, as a foreign national, violated immigration rules. The FRRO issued the LIN under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act, 2025.

Timeline

  • Oct 10 – Khan briefly detained near August Kranti Maidan.
  • Oct 14 – FRRO issues LIN.
  • Oct 15 – Khan receives notice.
  • Oct 27 – Bench stays LIN until Nov 2 after Additional Solicitor General Anil Singh’s assurance.

Data & Statistics

  • Legal provisions: Sections 7(2)(C) and 29, Immigration and Foreigners Act, 2025.
  • OCI status: held since 2006; residence in India since age 2.

Official Statements & Responses

  • Solicitor General Tushar Mehta appeared for the Union and had no objection to listing the matter on Oct 27.
  • Additional Solicitor General Anil Singh assured no coercive steps before the next hearing.
  • Senior Advocate Venkatesh Dhond, representing Khan, highlighted that the LIN required departure “the next day” and denied any opportunity to be heard.

Criticism & Opposition

  • Kirit Somaiya argued that a foreign national should not join political protests.
  • Intervenor Sunil Kumar cited Khan’s selfies in a police van as evidence of disregard for the law.

Why It Matters / Impact

The case tests the balance between India’s immigration framework and OCI rights. A ruling that the LIN is unlawful could limit the use of Sections 7(2)(C) and 29 for political protests; upholding it could expand governmental discretion to expel foreign nationals for alleged public-order violations. Diplomatic sensitivities are heightened by Khan’s U.S. citizenship.

Verbatim Quotes

  • “No Milords, we are giving assurance as we are only seeking time,” — Solicitor General Anil Singh

Conflicting Reports & Gaps

Sources agree the LIN cites Sections 7(2)(C) and 29, but the specific statutory breach alleged against Khan is unclear. The FIR remains under investigation, and the FRRO’s reliance on it for the LIN is not detailed.

What’s Next

The Bombay High Court will reconvene on November 2 2026 to consider the petition’s merits, the Centre’s assurances, and the legality of the LIN for OCI holders.