The Bombay High Court is set to hear a petition filed by actor and US citizen Imran Khan on October 26. This petition challenges a police notice that directs him to leave India by October 28 due to his alleged participation in an anti-Chief Election Commissioner protest. Khan is seeking the cancellation of this notice and a stay on its enforcement while the petition is under consideration.

Khan’s legal representation, senior counsel Venkatesh Dhond, presented the case before a bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. During the proceedings, Dhond requested an urgent hearing, highlighting the impending deadline for Khan’s departure. The Additional Solicitor General, Anil Singh, representing the Union government, requested additional time to review the petition, having received it only that morning, leading to the court scheduling the hearing for October 26.

During the session, the court inquired whether Khan had any outstanding criminal cases, to which Dhond responded that he did not. He emphasised that Khan has no criminal history and has resided in India since the age of two. Furthermore, he stated that Khan had not actively participated in the protest but was detained while en route to the event.

Background of the Case

Khan was briefly detained on October 10 during a demonstration at Mumbai’s August Kranti Maidan, which was part of a larger movement demanding the resignation of Chief Election Commissioner Gyanesh Kumar. In his petition, Khan asserts that he did not engage in any protests and has no ties to the organisers of the event.

The actor filed his petition with the High Court on October 17, following the receipt of a show-cause notice from the Foreigners Regional Registration Office. This notice sought an explanation regarding the potential revocation of his Overseas Citizen of India status. Khan’s lawyer, Zulfiquar Memon, indicated that the notice issued by the Mumbai police is being contested as “illegal, arbitrary, perverse and drastic.”

Khan’s petition alleges that the notice reflects a lack of proper consideration and targets him unfairly as a public figure. It argues that the notice is disproportionately severe and, if enforced, would undermine the principles of natural justice that the authorities are obligated to uphold.

Legal Provisions Invoked

The police issued the departure order to Khan under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act. These provisions empower the government to restrict the movement of foreign nationals and mandate their removal from India when deemed necessary.

Section 7(2)(C) allows the government to prohibit or regulate the presence of foreign nationals within India, while Section 29 permits the removal of individuals for violating the Act’s provisions or based on adverse security assessments. The invocation of these sections has raised concerns about the implications for Khan’s status and rights as a foreign national residing in India.

The upcoming court hearing is expected to address the legal merits of Khan’s petition and the validity of the police notice. As the case unfolds, it will also examine the broader implications of the government’s actions regarding foreign nationals and their rights in India.

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