The Bombay High Court has accepted that an OCI cardholder is not on par with an Indian citizen, yet the Imran Khan Leave India Notice stays suspended for now. The stay continues till the FRRO hears the actor, after the Court took on record his unconditional apology and an undertaking not to join protests.
Mumbai: After recording an unconditional apology from actor Imran Khan, an Overseas Citizen of India (OCI) cardholder, for taking part in a protest connected with the Special Intensive Revision (SIR) of electoral rolls, the Bombay High Court on Monday extended the suspension of the Leave India Notice issued to him by the Foreigners Regional Registration Office (FRRO), Mumbai. The suspension will run until the FRRO decides the matter after giving him an opportunity to respond [Imran Khan Pal v. Union of India & Ors.].
A Division Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Mahendra Sethna passed the order on November 2, 2026, and listed the writ petition next on December 7.
A chance to answer before leaving
Khan’s challenge rested chiefly on the violation of natural justice, and the Chief Justice asked whether such an order could be passed against a person who had not broken any law in all his years in the country. The Bench agreed with the ASG on the limited rights of OCI cardholders and the Centre’s sovereign power, but said Khan must get a chance to respond to the notice. It asked:
“Suppose if Maharashtra Police comes later and says that there is no material against him, then what?”
The order records that an OCI cardholder cannot be treated on par with Indian citizens, notes Khan’s undertaking and unconditional apology, and keeps the Leave India Notice suspended till the FRRO decides after hearing him.
What the Centre argued
Additional Solicitor General Anil Singh, for the Centre, opposed any protection. He said that while Khan’s petition claimed he attended the protest out of curiosity, he had “instigated people” on social media. Singh argued that an OCI cardholder has very limited rights, that the only fundamental right available to a foreigner is under Article 21, which does not include a right to reside in India, and that courts have repeatedly upheld the Centre’s unfettered power over foreigners.
The apology the Bench wanted
The Bench told Khan that he would have to file an undertaking not to take part in such protests in future, together with an unconditional apology. Explaining why it was asking for the apology, the Bench orally remarked:
“Considering the fact that he has been living in our country for all these years and has worked here got recognition from here then you must show a big heart.”
The Court also asked Khan to state categorically why he was at the protest, noting that he was not affected by the SIR exercise:
“Suppose you have participated inadvertently etc then you need to apologise without such unconditional apology we will not accept your undertaking… You need to understand that you as an OCI Card holder aren’t at par with Indian citizens.”
The Bench further remarked orally that an OCI cardholder living in India “cannot criticise or venture into all this”, and that such conduct “will not be tolerated”. It also sought the status of the FIR registered in connection with the protest. Government Pleader Anjali Helekar, for the State, said she would need instructions on whether Khan was implicated in it.
How the notice came about
The FRRO had directed Khan to leave India by October 28 after he attended a protest in Mumbai demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the SIR exercise. At the previous hearing, the FRRO had assured the Court that no coercive steps would be taken against him until Monday.
Khan’s side
Senior Advocate Venkatesh Dhond, for Khan, submitted that the actor had not been called for any inquiry or to record a statement, and that he had no association with the protesters or the organisers. He told the Court that Khan, now 42, was born in the USA but has lived his entire life in India apart from two years there, received his OCI card in 2006 and earlier held Person of Indian Origin status. Dhond said Khan would give an undertaking not to participate in protests.
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Why the order matters
The order holds two positions together. It accepts the Centre’s case that OCI cardholders do not enjoy the full rights of citizens, including in matters of political protest, yet it insists that a person who has lived in India for decades must be heard before being asked to leave. The final call now rests with the FRRO, which must decide after considering Khan’s response.
The Court has not ruled on whether Khan took part in or encouraged the protest, and the State is yet to say whether he is implicated in the FIR. The Centre’s claim that he instigated people online remains an untested allegation.
Case Title: Imran Khan Pal v. Union of India & Ors.
Case No.: Writ Petition (L) No. 36271 of 2026
Bench: Chief Justice Mahesh Chandra Tripathi and Justice Advait Mahendra Sethna, Bombay High Court
Date of Order: November 2, 2026
Appearances: Senior Advocate Venkatesh Dhond for the petitioner; Additional Solicitor General Anil Singh for the Union of India; Government Pleader Anjali Helekar for the State of Maharashtra