Manas Dasgupta
NEW DELHI, Oct 27: The Bombay High Court on Tuesday granted interim relief to Bollywood actor Imran Khan by staying the immediate ‘Leave India Notice’ issued against him by the Foreigners Regional Registration Office (FRRO), Mumbai, until November 2 when the next hearing will be held in the case.
A division bench led by Chief Justice Mahesh Chandra Tripathi and comprising Justice Advait Sethna adjourned Mr Khan’s petition challenging the notice till Monday at 3:00 p.m. The court recorded an oral assurance from Additional Solicitor General Anil C. Singh, appearing for the Centre, that the notice would be kept in abeyance and no action would be taken until the next hearing.
Khan, who is a US citizen and holds an Overseas Citizen of India (OCI) card, had challenged a notice by the FRRO directing him to leave India by October 28. The notice was issued because the actor had allegedly taken part in a protest on October 10 – organised in solidarity with the demonstration by the Cockroach Janta Party (CJP) in Delhi – demanding the resignation of Chief Election Commissioner Gyanesh Kumar over his alleged unilateral way of functioning and irregularities in the Special Intensive Revision (SIR) of electoral rolls.
BJP leader Kirit Somaiya had filed a police complaint alleging that the actor had taken part in the protest despite being an American citizen, which was in violation of rules. This complaint was forwarded to the FRRO, which issued a deportation notice under the Immigration and Foreigners Act, 2025. Section 7 of the Act empowers the Central Government of India to issue orders, directions, or instructions to regulate, restrict, or prohibit the entry, departure, presence, or movement of foreigners in India.
Khan, 43, approached the high court on October 17 and claimed that he had not participated in any gathering and was not linked to the organisers of the protests. He also argued that the notice was “illegal, arbitrary, perverse and drastic.” After Khan approached the court, he also received a show-cause notice from the FRRO, asking why his OCI status should not be revoked.
The actor, his partner Lekha Washington, and cousin Zayne Marie Khan had allegedly participated in the protest at Mumbai’s August Kranti Maidan. They were briefly detained. Khan later posted their picture inside a police van. “Apparently, I’m going for a drive,” he said. “I don’t have demands. I am here as a citizen, as a person who lives in this city. I am here to see why freedom of movement is being restricted. Why are people’s voices being suppressed? That is why I am here,” the actor had said at the agitation.
During Tuesday’s proceedings, the bench initially granted 10 minutes for the Solicitor General to appear and took up another matter before reconvening. In his petition, Mr Khan denied participating in the protest and challenged the notice because he was not allowed to be heard.
Imran Khan approached the Bombay High Court seeking protection against deportation and other possible action following the ‘leave India Notice’ issued by the FRRO, Mumbai. In his petition, Khan has asked the court to restrain the authorities from deporting him, issuing a Look Out Circular (LOC), blacklisting him or taking any action against his Overseas Citizen of India (OCI) status.
The actor has also questioned the legal basis of the notice. He has argued that it does not mention the specific legal provision he allegedly violated. He has further raised concerns over the absence of a prior inquiry, a show-cause notice or an opportunity to explain his position before the notice was issued.
According to his plea, the notice identifies him as a US national but does not adequately consider his OCI status, which provides eligible foreign nationals of Indian origin with certain residency privileges in India.
Khan has denied violating the conditions attached to his OCI status. He has argued that the restrictions on gatherings at the time were imposed under a local police order and not under the Immigration and Foreigners Act, 2025. He has also contended that the protest venue was not a protected or prohibited place notified by the Central Government under the Act.
In his petition, Khan stated that he did not attempt to cross police barricades during the October 10 demonstration. He has claimed that he was returning to his car after being asked to leave when he was apprehended. He was released later that evening.
The actor further argued that participation in a rally does not, by itself, establish a violation of the conditions applicable to foreign nationals or OCI cardholders. He also questioned the use of a First Information Report (FIR) that remains under investigation as grounds for directing him to leave India.