The Bombay High Court on Monday said it would hear on October 26 a petition filed by actor Imran Khan, challenging a police notice directing him to leave India by October 28 for allegedly attending a political protest.
A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna fixed the date after senior counsel Venkatesh Dhond, appearing for Khan, sought an urgent hearing.
Additional Solicitor General Anil Singh, appearing for the Union government, sought time to respond, saying he had received a copy of the petition only on Monday morning.
Dhond sought an earlier hearing, pointing out that Khan had been asked to leave the country by October 28. The court, however, said October 26 would be an appropriate date for hearing the plea.
The bench also asked whether any other criminal cases were pending against Khan. Dhond replied in the negative and submitted that the actor had no criminal antecedents.
“He (Khan) has no criminal antecedents and no case filed or pending against him. He has been living in India since he was two years old. He did not even attend any protest. He had reached halfway when he was detained by the police and then let go,” Dhond said.
The court directed Khan to implead the Maharashtra government as a respondent in the petition.
The 43-year-old actor was briefly detained during a demonstration at Mumbai's historic August Kranti Maidan on October 10, organised in solidarity with protests by the Cockroach Janta Party in Delhi seeking Chief Election Commissioner Gyanesh Kumar's resignation over the Special Intensive Revision (SIR) issue.
In his petition, filed on October 17 through advocate Zulfiquar Memon and law firm MZM Legal, Khan claimed he had not participated in the gathering and had no association with the organisers.
The actor also received a show-cause notice from the Foreigners Regional Registration Office (FRRO), seeking an explanation as to why his Overseas Citizen of India (OCI) status should not be revoked, Memon said.
Describing the Mumbai police notice as “illegal, arbitrary, perverse and drastic”, the petition alleged that it “reflects patent non-application of mind and the arbitrary targeting” of Khan as a public figure.
“Not only is the notice manifestly disproportionate, if implemented, it would reduce the very principles of natural justice that the authorities are duty-bound to uphold, to nothing but a dead letter,” the petition said.
According to the police, the departure order was issued after authorities invoked provisions under Sections 7(2)(c) and 29 of the Immigration and Foreigners Act, which empower the government to regulate the movement of foreign nationals and order their removal from the country.
Section 7(2)(c) empowers the government to prohibit, regulate or restrict a foreigner's presence in India or any specified area, while Section 29 provides for the removal of foreign nationals for contravening provisions, rules or orders under the Act, or pursuant to an adverse security report.
Khan was directed to leave India on or before October 28, failing which deportation proceedings under Section 29 may be initiated.