MUMBAI — The Bombay High Court on Monday extended the suspension of a 'Leave India Notice' issued to actor Imran Khan, a U.S. citizen holding an Overseas Citizen of India (OCI) card, while directing him to tender an unconditional apology and submit an undertaking that he would not participate in future protests.
The court allowed Khan to continue residing in India pending a decision by immigration authorities after considering his response. The notice was issued following Khan's detention near August Kranti Maidan on October 10 during a protest demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna observed that OCI cardholders cannot claim the same rights as Indian citizens, including the right to participate in protests. The bench questioned Khan's presence at the protest, noting his influence as a celebrity and the potential consequences of his public statements.
Senior advocate Venkatesh Dhond, appearing for Khan, maintained that the actor had no association with the protest organisers and had approached the site merely out of curiosity. He submitted that Khan was stopped at police barricades and made a statement to the media while returning.
Additional Solicitor General Anil Singh, representing the Centre, disputed this account, alleging that Khan had been involved in protest-related activities from the beginning and had instigated people through social media posts and interviews. He argued that Khan's claim of visiting the site out of curiosity was contrary to the material on record and that, as a U.S. citizen, Khan had no legally enforceable right to remain in India.
The defence pointed out that Khan has spent nearly his entire life in India, barring two years in the United States, and obtained OCI registration in 2006 after previously holding Person of Indian Origin status. Dhond also argued that the Leave India notice had been issued without allowing Khan to be heard.
The bench subsequently continued the suspension of the 'Leave India Notice' until the FRRO decides the matter after considering Khan's response. The court also sought an unconditional apology from Khan for any inadvertent participation or statements made in connection with the agitation, noting that his influence as a celebrity means his statements could have significant consequences.
The bench orally suggested Khan consider applying for Indian citizenship given his long residence and integration in India. The matter has been listed for further hearing on December 7.
Khan's legal team also comprised Kunal Vajani, Zulfiquar Memon, Parvez Memon and Chirag Naik.
