A US citizen with an OCI card, actor Imran Khan intends to contest a Notice To Leave India By October 28 before the Bombay High Court. The notice followed his presence at a Mumbai demonstration against the Chief Election Commissioner, and the Court has passed no order.
Mumbai: Actor Imran Khan, a United States citizen who holds an Overseas Citizen of India (OCI) card, plans to approach the Bombay High Court against a notice directing him to leave India by October 28. The notice was issued after he took part in a protest in Mumbai on October 10 [Imran Khan v. Union of India and Others].
Advocates Zulfiquar Memon, Parvez Memon and Chirag Naik of MZM Legal LLP represent him. The plea is expected to be filed and mentioned for urgent hearing. At the time of writing no petition, bench or listing has been confirmed, and the Court has passed no order.
What the law says, and what the notice does not disclose
Under the Immigration and Foreigners Act, 2025, the Central Government may regulate, restrict or prohibit the entry, departure, presence or movement of foreigners, and may direct the removal of a foreigner for contravention of the law, its rules or its orders. The material available does not set out the provision on which the notice relies, or the specific contravention alleged against Mr. Khan.
An OCI card gives its holder a lifelong multiple-entry visa and certain education, property and professional benefits, subject to the applicable rules. It does not confer Indian citizenship or political rights such as voting or contesting elections, and OCI cardholders are foreign nationals in law. Whether those rules, or the right to peaceful assembly that the Constitution guarantees to citizens, bear on a foreign national’s presence at a lawful protest is among the questions a challenge to the notice may raise.
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From a protest to a complaint to a notice
Mr. Khan was among the people detained on October 10 at August Kranti Maidan in Mumbai, where a demonstration called for the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision of electoral rolls. The protest was linked to the Cockroach Janta Party (CJP). He was later released. At the protest, he said he had no specific demands and was there as a resident of the city.
Former BJP MP Kirit Somaiya then filed a complaint at the Gamdevi police station, alleging that Mr. Khan, as a United States citizen, had breached the Foreigners Act by joining a political protest. He also asked the police to verify the actor’s citizenship status. The Gamdevi police forwarded the complaint to the Foreigners Regional Registration Office (FRRO) for necessary action, and the notice directing Mr. Khan to leave India by October 28 followed.
Where each side stands
Officials have taken the position that foreign nationals cannot take part in political protests or activities in India. Those who support the action argue that a foreign national should stay out of political agitation, and Mr. Somaiya has questioned whether a foreign national who earns a livelihood in India should take part in an agitation against the government.
Mr. Khan has described himself as an ordinary resident concerned about restrictions on movement and speech. His legal grounds for the challenge have not yet been set out, and neither the authorities’ detailed reasons nor a response from Mr. Khan to the notice itself is on record.
Before October 28
Once the petition is filed, the Bombay High Court will have to decide whether to grant urgent interim protection before the October 28 deadline. The allegations in the complaint are those of the complainant and have not been tested by any court, and this report takes no view on the merits of either side.
Matter: Proposed writ petition by Imran Khan against the notice to leave India, Bombay High Court
Notice Deadline: October 28, 2026
Appearances: Advocates Zulfiquar Memon, Parvez Memon and Chirag Naik (MZM Legal LLP) for Imran Khan