From a protest to a “Leave India” notice, actor Imran Khan’s case has put the spotlight on a troubling question: can dissent come at the cost of one’s right to stay in India? Khan, a US citizen and Overseas Citizen of India (OCI) cardholder was issued the notice following his participation in a recent CEC protest in Mumbai. The Foreigners Registration Office (FRRO) issued a notice to Imran telling him to leave India by October 28.
However, on Tuesday, Imran received temporary relief. The government assured the Bombay High Court that no action would be taken until November 2, the next date of hearing.
When he was detained, Imran told reporters: “I am not part of any organisation. I am here as a citizen. I am here to see why freedom of movement is being restricted. Why are people’s voices being suppressed?” Soon after his detention, Khan posted a video on Instagram saying: “Apparently, I am going for a drive” This is not the first time that a OCI card holder has been asked to pack their bags and leave India for being critical of the government or expressing dissent. Other examples include Aatish Taseer, Nitasha Kaul and Ashok Swain. This raises a key question: where does the state’s immigration authority end, and its impact on dissent begin?
Imran gets temporary relief
Imran Khan has won temporary relief from the Bombay High Court, which has paused a government order directing him to leave India by October 28. The US citizen was accused of participating in a Mumbai protest against the country’s election chief, allegedly violating immigration and visa rules. Khan challenged the order as unconstitutional and arbitrary. The court has allowed him to remain in India until at least November 2.
I am here to see why freedom of movement is being restricted. Why are people’s voices being suppressed?”
— Imran Khan, actor
Fearless voices, writer’s block-ed
Celebrated author Aatish Taseer, whose OCI registration was cancelled in 2019 firmly believes that Indians living abroad can find themselves vulnerable for expressing views critical of the government. “What this really reveals is that the OCI is nothing more than a visa, and the government uses it to silence critics at every opportunity,” says Aatish.
For Taseer, the implications extend beyond the loss of a travel document. “Even the smallest thing may leave you in a situation wherein you are no longer able to see your family or return to the country you grew up in,” he says. He points to the uncertainty this creates for those whose lives may be settled abroad, but whose emotional and familial ties to India remain strong.
Citing academic Ashok Swain’s experience, Taseer highlights how winning a legal battle does not always translate into an immediate return to normalcy. “Here I am, seven years later, and I am hardly allowed even a simple visa to visit my family in India,” he says.
Voiceless & Voteless
Political commentator Adarsh Rudrapratap Singh says, “There’s a big difference between not having a vote and not having a voice.” He stresses that protesting is not the same as contesting elections, and calls for transparent decisions, clear grounds and a fair chance to respond. With over four million OCI cardholders, he says, people deserve clarity on the rules—not uncertainty shaped by official discretion.
“At the very least, I think there should be a proper written order that says exactly what the person did, not vague lines like “anti-India activities.” says Adarsh.
There’s a big difference between not having a vote and not having a voice.”
— Adarsh Rudrapratap Singh, Political Commentator
What this really reveals is that the OCI is nothing more than a visa, and the government uses it to silence critics at every opportunity.”
— Aatish Taseer, Author & Writer
The Legal Angle
In India, OCI cardholders cannot vote, contest elections, hold constitutional posts or purchase agricultural land, but stresses that these restrictions are distinct from criminal offences. Advocate Pradeep Nambiar, Jt. Secretary, Forum for Individual Rights & Adv, Bombay High Court stresses that deportation cannot bypass due process. Period. “OCI cardholders enjoy defined privileges, including lifelong stay, the right to work in the private sector, conduct business and pursue studies in India, with exemption from FRRO registration among other things,” says Adv. Pardeep, adding, “Mere dissent or participation in a peaceful protest cannot automatically be treated as a criminal offence.”
He cites Articles 20, 21 and 22, which protect against self-incrimination and arbitrary deprivation of liberty, while safeguarding key rights upon arrest, including legal counsel and production before a magistrate within 24 hours.
“An OCI cardholder’s failure to comply with the conditions of their status may invite legal consequences, but deportation must have a valid legal basis and follow the procedure established by law,” he says.
Crucial Distinction
But here’s the catch: Being shown the door is one thing; having the key taken away is another. A “Leave India” notice directs a foreign national to leave within a specified period, but it does not automatically cancel their OCI registration. In Imran Khan’s case, the FRRO has issued a separate show-cause notice proposing cancellation of his OCI status, giving him an opportunity to respond.
Knock For Justice
An OCI cardholder can challenge a “Leave India” notice before the HC or the SC if they believe the action is unlawful or arbitrary. An OCI card is not a passport to dual citizenship. Under the Citizenship Act, 1955, OCI holders remain foreign nationals, enjoying specified privileges but not the full rights of Indian citizens. “The Government has absolute statutory authority to direct an OCI cardholder to leave India for participating in a political protest or expressing dissent against
the Government,” says Advocate Pawan Sharma, an independent practitioner and Adv. Bombay HC.
Such directions may be issued through the FRRO under the Immigration and Foreigners Act, 2025, and the Citizenship Act, 1955, as applicable. However, he points out that the government’s authority is not beyond scrutiny.
Power With Process
There is no denying that India has every right to regulate the stay of foreign nationals, including OCI cardholders. But the authority to act must be matched by the duty to explain—because the true test lies not merely in whether the State can ask someone to leave, but whether it can justify that decision in law!
Courting Controversy
Imran Khan: Actor and US citizen holding OCI status was issued a “Leave India” notice after participating in a CEC protest in Mumbai.
Aatish Taseer: The author’s OCI registration was cancelled in 2019. The Centre alleged he had concealed his late father Salmaan Taseer’s Pakistani origin.
Ashok Swain: The academician’s OCI registration was cancelled over his writings and public statements. The government said it harmed India’s interests.
Raphael Satter: Journalist’s OCI status was cancelled in 2023 after his reporting on an Indian firm accused of involvement in hacking operations.
Mere dissent or participation in a peaceful protest cannot automatically be treated as a criminal offence.”
— Advocate Pradeep Nambiar, Jt. Secretary, Forum for Individual Rights & Adv, Bombay High Court.
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: deccanchronicle.com
