The Mumbai Police have formally instructed Bollywood actor Imran Khan, an American citizen, to exit India by 28 October. This directive stems from alleged breaches of the Immigration and Foreigners Act. Reports indicate that the notice was issued on 15 October following Khan’s involvement in a protest at Mumbai’s August Kranti Maidan on 10 October, where demonstrators called for the resignation of Chief Election Commissioner Gyanesh Kumar.

During the protest, police briefly detained Khan. The actor, aged 43 and known for his roles in various Bollywood films, is also the nephew of prominent actor Aamir Khan. Former BJP MP Kirit Somaiya had previously advocated for action against Khan due to his participation in the demonstration, expressing approval of the police’s notice against him.

A police official noted that since Khan holds foreign citizenship, he is not permitted to engage in political protests or activities within India, as stipulated by the relevant provisions of the Foreigners and Immigration Act.

Legal Provisions Invoked Against Khan

The notice served to Imran Khan references Sections 29 and 7 of the Immigration Act, which address the participation of foreigners in political activities. Section 7 empowers the Central Government to regulate the entry and presence of foreigners in India, while Section 29 allows for the removal of a foreign national for violations of the Act or based on security concerns.

The legal text states, “The Central Government may, by general or special order, direct the removal of a foreigner from India for contravention of any of the provisions of this Act or any rule or order made thereunder or an adverse security report.” This provision grants officials the authority to enforce removal and recover costs from the individual concerned.

As a result of these legal stipulations, the police have confirmed that Khan has received the formal notice and that further administrative actions are in progress.

Understanding the OCI Scheme and Its Implications

The Overseas Citizen of India (OCI) scheme, established in 2005, is designed for individuals of Indian origin who hold foreign citizenship. It is important to note that possessing an OCI card does not confer Indian citizenship. Holders enjoy certain privileges, including a lifelong, multiple-entry visa to India, but they are still classified as foreign nationals.

OCI cardholders are granted various benefits related to education, property ownership, and specific professional activities. However, they are explicitly prohibited from voting in Indian elections, contesting elections for Parliament or state legislatures, and claiming other political rights reserved for Indian citizens, as outlined in the Citizenship Act of 1955.

While the OCI regulations do not explicitly state whether cardholders can participate in public protests, legal experts suggest that this does not automatically permit such participation. Under Section 7B of the Citizenship Act, OCI cardholders are not entitled to the same rights as Indian citizens, although attending a protest is not categorically illegal.

It is essential to recognise that OCI cardholders remain subject to Indian laws governing foreigners and immigration. Section 7D of the Citizenship Act allows for the cancellation of OCI registration under specific conditions, including those related to national sovereignty and security. A complaint or allegation regarding a visa violation does not necessarily imply that an offence has occurred or that deportation is warranted.

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