Mumbai, November 2 — The Bombay High Court on Monday accepted actor Imran Khan's unconditional apology for participating in a protest demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls, after he undertook not to participate in similar protests in the future, LawBeat reported. Khan, a United States citizen, lives and works in India as an Overseas Citizen of India (OCI) cardholder.
Source: LawBeat
A Division Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna extended the operation of its interim order suspending the 'Leave India Notice' issued to Khan by the Foreigners Regional Registration Office (FRRO), Mumbai. The protection will continue until the FRRO decides the matter after giving Khan an opportunity to respond to the notice, and the matter has been listed for further hearing on December 7.
The Bench clarified that OCI cardholders cannot be treated at par with Indian citizens and that the right to participate in protests available to citizens does not extend to OCI cardholders. During the hearing it questioned why Khan, who is not entitled to vote in India, had joined a protest concerning the SIR exercise, observed that he was "not even remotely affected by SIR", and said an unconditional apology would be required before it accepted his undertaking.
Senior Advocate Venkatesh Dhond, appearing for Khan, submitted that his client had no association with the organisers or protesters, had not been called for questioning in connection with the FIR, and had spent almost his entire life in India barring the first two years in the United States, where he was born. Dhond told the court Khan had held OCI status since 2006 and had earlier been granted Person of Indian Origin (PIO) status.
Additional Solicitor General Anil Singh, appearing for the Union Government, opposed the petition and argued that an OCI cardholder enjoys limited rights, that the Centre has sovereign powers to ask a foreign national to leave India, and that Article 21 does not confer a right on a foreign national to reside in India. He also referred to statements allegedly made by Khan on social media, arguing he had instigated people to join the agitation. The Bench said it agreed with the Centre that OCI cardholders are not at par with citizens, but questioned whether a Leave India Notice could be sustained without first giving Khan an opportunity to respond, given his long residence in India; the Chief Justice also invoked the principle of Vasudhaiva Kutumbakam.
How the case began
The case stems from a protest near August Kranti Maidan in Mumbai on October 10 demanding the CEC's resignation over alleged irregularities in the SIR exercise. Police forwarded an FIR to the FRRO, which issued the Leave India Notice on October 14 under the Immigration and Foreigners Act, 2025, directing Khan to leave the country by October 28, according to Fact.net.in's account of the proceedings. Khan moved the High Court on October 17; the court had earlier kept the notice in abeyance, and the FRRO had assured the court that no coercive steps would be taken until November 2. The FRRO has also issued a separate show-cause notice asking why Khan's OCI registration should not be cancelled under Section 7D(e) of the Citizenship Act, 1955.
Source: Fact.net.in
The Daily Jagran reported that Khan's counsel Zulfiquar Memon said in a statement that the High Court directed the State to file its reply and listed the matter on December 7, 2026, with the Leave India Notice remaining stayed until then, and maintained that Khan had no intention of participating in any protest and was not affiliated with any party or group conducting them.
Source: The Daily Jagran