Actor Imran Khan, a United States citizen and Overseas Citizen of India cardholder, is set to approach the Bombay High Court against a Mumbai Police notice directing him to leave India by October 28 after he participated in a political demonstration in Mumbai.
According to a report by The Hindu, Mr. Khan is likely to file the petition on October 16 or October 19 through his advocate, Zulfiquar Memon. The petition is expected to seek urgent relief against the directive, which the actor has described as “drastic” in its current draft.
Mr. Khan was detained briefly on October 10 after taking part in a protest at August Kranti Maidan. The demonstration was organised by the Cockroach Janta Party and was held in support of a protest in Delhi demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision issue. The Mumbai protest reportedly involved about 600 people, including social activist Tushar Gandhi.
The police notice directs Mr. Khan to leave India on or before October 28. The report said the action was taken under Section 7(2)(C) and Section 29 of the Immigration and Foreigners Act. Section 7(2)(C) empowers the government to issue directions regulating or restricting the presence of a foreign national, including directing that the person must not remain in India or in a specified area.
Section 29 allows the government to direct the removal of a foreign national for violating provisions, rules or orders under the Act, or in response to an adverse security report. The provision also gives law-enforcement officers powers considered necessary to enforce the removal direction. The notice states that deportation proceedings may be initiated if Mr. Khan does not leave by the deadline.
In the proposed petition, Mr. Khan is expected to argue that no provision under the existing law or statutory rules prevents an OCI cardholder from participating in a peaceful protest. The legal challenge will therefore contest both the basis of the departure order and its application to his participation in the August Kranti Maidan demonstration.
The police action follows a period of heightened attention around protests concerning the Chief Election Commissioner and alleged irregularities in electoral rolls. Mr. Khan, who is 43 and has acted in several Hindi films, was among those detained during the October 10 agitation. His status as a United States citizen means that the case also involves the application of India’s immigration framework to an OCI cardholder participating in a domestic political demonstration.
Once the petition is filed, it is expected to be mentioned for an urgent hearing before a division Bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. The court’s response will determine whether the departure directive remains operative while the legal challenge is considered.
