October 26 is the date: two days before the October 28 deadline in the Leave India Notice served on actor Imran Khan, the Bombay High Court will take up his challenge, though it has granted no interim relief.
Mumbai: A writ petition by actor Imran Khan, a United States citizen who holds an Overseas Citizen of India (OCI) card, was taken up by the Bombay High Court on Monday. It is directed against a notice from the Foreigners Regional Registration Office (FRRO) asking him to leave India by October 28. The Court agreed to hear the matter, listed it for October 26 and granted no interim relief [Imran Khan Pal v. Union of India and Others].
On October 19, 2026, the mention was heard by a Division Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. Appearing for Mr. Khan was Senior Advocate Venkatesh Dhond, instructed by Advocates Zulfiquar Memon, Parvez Memon and Chirag Naik of MZM Legal LLP.
What happened in Court
The notice, Mr. Dhond told the Bench, was issued only because Mr. Khan had sought to attend the protest. He also said the Union had been served a copy of the petition, and pressed for a hearing on October 21, ahead of the October 28 deadline. That request was not accepted. The Bench listed the matter for October 26 so that the FRRO could take instructions.
Whether Mr. Khan had any criminal antecedents was asked by the Bench, and Mr. Dhond replied that there were none. The Court called the issue one of local concern and asked the petitioner to implead the State of Maharashtra.
This is a local matter. So make State of Maharashtra a party.
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From a Mumbai protest to a notice
Mumbai Police detained Mr. Khan on October 10 during a demonstration in the city that sought the removal of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision of electoral rolls. The protest was linked to the Cockroach Janta Party (CJP) agitation. A complaint to the police by former BJP MP Kirit Somaiya said that Mr. Khan, as a US citizen, had joined a political protest in breach of the law, and the complaint was forwarded to the FRRO.
The notice that followed directs Mr. Khan to leave the country by October 28. According to the petition, it says his conduct contravened the Immigration and Foreigners Act, 2025 and warns of prosecution if he does not comply. A separate show-cause notice asking why his OCI registration should not be cancelled has also been issued, the petition says, and Mr. Khan has not challenged that notice in this petition. The complainant’s allegations are untested and the authorities’ detailed reasons are not on record.
What the petition argues
Three points are made in the petition: that no prior hearing was given to Mr. Khan, that the notice bypasses the statutory protections available to OCI cardholders, and that the authorities acted in haste in response to campaigns on social media. The FRRO is said to have overlooked Section 7D of the Citizenship Act, 1955, which governs cancellation of OCI registration and requires an opportunity to be heard. Mr. Khan denies taking part in the protest as alleged and says he had no link with its organisers.
The reliefs sought are an order quashing the notice, a stay of its operation in the meantime, a restraint on coercive steps such as deportation, lookout notices or blacklisting, and a direction to the authorities to produce the records behind the decision.
OCI card, citizenship and the general power over foreigners
Citizenship of India does not come with an OCI card, which gives its holder a lifelong, multiple-entry visa and certain other benefits. Cancellation of OCI registration on specified grounds, after a reasonable opportunity of being heard, is provided for in Section 7D of the Citizenship Act, by the Central Government. At the heart of the petition is whether the authorities may instead direct an OCI cardholder to leave under the general powers over foreigners.
In 2025, in John Robert Roughton III v. Union of India and Others, a Delhi High Court bench held that the rights of an OCI cardholder cannot be curtailed arbitrarily and that overseas citizenship cannot be cancelled without hearing the person concerned. The Union’s argument that the foreigners law overrides every visa, including an OCI card, was also not accepted. Whether that reasoning extends to a leave-India direction issued on the basis of a protest is yet to be argued before the Bombay High Court. Officials have so far taken the position that foreign nationals should not take part in political protests, and no response from the respondents is on record in this matter.
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Until October 26
No view on the merits has been expressed by the Court, the allegations against Mr. Khan remain untested, and the notice stands unless the Court orders otherwise. The petition is next heard on October 26.
Case Title: Imran Khan Pal v. Union of India and Others
Bench: Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, Bombay High Court
Date of Hearing: October 19, 2026
Next Date: October 26, 2026
Appearances: Senior Advocate Venkatesh Dhond with Advocates Zulfiquar Memon, Parvez Memon and Chirag Naik (MZM Legal LLP) for the petitioner