Imran Khan has approached the Bombay High Court seeking to overturn a Mumbai Police notice requiring him to leave India by October 28 over his participation in a political protest. The 43-year-old actor, who is a US citizen and holds an Overseas Citizen of India (OCI) card, has challenged the notice as “illegal, perverse, drastic and bad in law” in a petition filed through advocate Zulfiquar Memon and MZM Legal.
The plea requested the High Court to quash the notice and stay its operation in an interim relief.
The plea stated that there is no provision under the current law or statutory rules that prohibits an OCI (Overseas Citizen of India) cardholder from participating in a peaceful protest.
The plea is expected to be mentioned for an urgent hearing before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.
"The notice has been issued without disclosing any reasons, supporting material, or specific statutory contravention. It was issued without inquiry, a show-cause notice, or any opportunity for the Petitioner (Khan) to respond to the alleged violations," the plea said.
The police action taken earlier this week against the actor follows Khan's brief detention during an agitation at Mumbai's August Kranti Maidan on October 10 during which protesters had gathered at the site in solidarity with a demonstration by Cockroach Janta Party in Delhi demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the SIR issue.
According to officials, Khan was served a departure order after authorities invoked statutory provisions under Section 7 (2)(C) and Section 29 of the Immigration and Foreigners Act, which grant powers to the government to restrict the movement of foreign nationals and enforce their mandatory removal.
Under Section 7 (2)(C), the government has the authority to issue directions prohibiting, regulating, or restricting the presence or continued presence of any foreigner, specifically empowering officials to order that an individual "shall not remain in India or in any specified area therein."
Additionally, the notice invokes Section 29, which permits the government to direct the removal of a foreign national for contravening any provisions, rules, or orders of the Act, or pursuant to an adverse security report. The section equips law enforcement officers with all reasonable powers necessary to enforce the directive.
Khan, the nephew of Bollywood superstar Aamir Khan, who has starred in several Hindi films, has been directed to leave the country on or before October 28, failing which deportation procedures under Section 29 may be initiated.