Manas Dasgupta
NEW DELHI, Nov 2: The Bombay High Court on Monday came down heavily on the Noted Bollywood actor Imran for participating in a protest demonstration of the Cockroach Janta Party (CJP) in Mumbai last month by violating the conditions of the Overseas Citizens of India (OCI) card even when granting him relief by extending the stay on his “leave India” notice till December 7.
At the asking of the High Court, the actor also tendered an unconditional apology while telling the court that he has no association with the protest organisers and offered to file an affidavit, while appealing to the court to let him stay in India. While it extended the interim stay on the Foreigners Regional Registration Office (FRRO) notice, the court observed that a mere affidavit would not do and directed him to tender an unconditional apology to the High Court for violating the CI card rules by participating in the protest.
The development comes after the court questioned Imran Khan’s participation in the protest and observed that OCI cardholders do not have the right to take part in such demonstrations. The bench had also stressed that any apology from the actor would have to be unconditional.
“If an Indian citizen had committed a similar act abroad, they would have been deported to India on the very next flight,” the court pointed out, while hearing actor Imran Khan’s petition challenging the FRRO Leave India Notice.
The hearing took place before a bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait M. Sethna. During the proceedings, Imran Khan’s legal team told the court that the actor had never been summoned for questioning.
The bench, however, asked him to establish whether he had participated in the protest. The government informed the court that a case had been registered in connection with the matter.
Representing the actor, his lawyer said that Imran Khan holds an American passport and has been looking for work since 2006. The lawyer also offered to submit an undertaking, stating that the actor had neither participated in any protest nor intended to do so.
During the hearing, the government disputed the actor’s claims and told the court that he had participated in the protest. It also pointed out that he had posted about the demonstration on social media. The government described his statement denying participation as misleading. The government further submitted that the actor’s rights were governed by the provisions applicable to OCI cardholders.
“Go to the USA and participate in protests there and you can even go and cast your vote, but you protesting anything here won’t be tolerated,” the court said. The FRRO, which has issued notice to Imran Khan, told the court that he was a US citizen and cannot participate in protests in India.
Solicitor General, appearing for the FRRO, argued that as an OCI cardholder, Imran Khan’s rights and privileges in India are limited and distinct from those of an Indian citizen. Imran Khan wields considerable influence over the public and enjoys significant popularity on Instagram. He was aware of the intent and purpose of the protest, yet chose to participate in it,” the SG pointed out.
In his plea, Imran Khan pointed out that he has been living in India for many years and has his professional and family life here. “Except for the two years that I spent in the United States, I have lived in India. India is my home. I have my child here and my professional and personal life is based here. My work, family and roots are all in India,” Imran Khan told the court.
Imran Khan landed in trouble after being detained in Mumbai following his participation in the CJP protest seeking Chief Election Commissioner Gyanesh Kumar’s resignation. The actor, who holds US citizenship and an OCI card, later received a notice asking him to leave India by October 28, which he has contested in the high court.
The bench also referred to the actor’s long association with India, noting that he had been living in the country since childhood and had a social media following, the bench questioned why Imran Khan had not applied for Indian citizenship despite being born, working and living in the country. “You were born here, you work here, earn here and live here. Then why don’t you take Indian citizenship?” the court asked.
Imran Khan’s legal team told the bench that the actor was willing to give an undertaking. However, the court maintained that any apology from him would have to be unconditional. It said he would have to establish that he was not part of the protest. The court further observed that since Imran Khan holds an OCI card, he has no connection with the Special Intensive Revision (SIR) process.