- Actor Imran Khan challenges Mumbai FRRO’s ‘Leave India’ notice.
- Notice issued after Khan’s presence at Mumbai gathering.
- Khan denies participation; legal team questions notice procedure.
- FRRO issued new notice for OCI card cancellation.
Imran Khan has approached the Bombay High Court challenging a Leave India Notice directing him to leave India by October 28. The petition has been filed against the notice issued by the Foreigners Regional Registration Officer (FRRO), Mumbai, following Khan’s presence at a protest at Mumbai’s August Kranti Maidan on October 10.
According to a press note issued by MZM Legal, Advocates for Imran Khan, the actor is a US citizen and an Overseas Citizen of India (OCI) cardholder who has been residing in India since the age of two.
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The FRRO issued the Leave India Notice dated October 14, directing Khan to leave India on or before October 28. His legal team has challenged the procedure followed in issuing the order, arguing that he was not allowed to explain his position before the direction was issued.
Legal Team Challenges FRRO Procedure
According to Khan’s lawyers, the actor had gone to the location on October 10 out of curiosity to see what was happening and was neither an organiser nor a participant in the protest. The legal team said that before he could reach the site, Khan was surrounded by the media and detained by Mumbai Police.
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The petition contends that the restrictions on gatherings at the location were imposed through a local police order and were not restrictions issued under the Immigration and Foreigners Act. It further argues that the location was not a protected, restricted or prohibited place notified by the Central Government under the Act.
The lawyers have also claimed that participation in a rally or peaceful protest does not, by itself, constitute a prohibited activity for a foreign national or an OCI cardholder. The press note further refers to a previous case before the Calcutta High Court involving a Polish national, in which a similar Leave India Notice issued following participation in a protest was eventually quashed.
Fresh Show Cause Notice Issued To Actor
Shortly after the writ petition was filed on October 17, the same FRRO issued a fresh Show Cause Notice to Khan, according to his legal team. The notice reportedly asks him to explain within 15 days why his OCI registration should not be cancelled in connection with his presence at the October 10 gathering.
Khan’s lawyers have described the sequence as legally premature, arguing that an order directing him to leave India was issued before he was given an opportunity to respond. In a statement, the legal team said the fresh Show Cause Notice appeared to contradict the earlier Leave India Notice and described it as an attempt to address what it termed the legal infirmity in the original order.
The petition seeks urgent interim and ad-interim relief staying the operation of the Leave India Notice and restraining any coercive action against Khan while the matter is pending. It also seeks production of the records on the basis of which the notice was issued and quashing of the Leave India Notice.
Imran Khan Says He Was Not Part Of Protest
According to the statement released on his behalf, Khan has maintained that he went to the location only out of curiosity and to witness the protest first-hand, while supporting the right to protest. The statement said Khan was “never a part of the protest” and maintained that he is not against any government and had neither participated nor intended to participate in any protest.
The matter is now before the Bombay High Court and remains sub judice.
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