The Bombay High Court on Monday (November 2) 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) exercise. The actor also undertook not to participate in similar protests in the future, as reported in LawBeat.
A Division Bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna extended the interim protection granted to Khan against a ‘Leave India Notice’ issued by the Foreigners Regional Registration Office (FRRO), Mumbai.
The protection will remain in force until the FRRO considers Khan’s response to the notice and takes a decision after giving him an opportunity to be heard.
During the hearing, the Bench reiterated that Overseas Citizen of India (OCI) cardholders cannot be treated on a par with Indian citizens and that the right to participate in protests available to Indian citizens does not extend to OCI cardholders.
The Court had earlier questioned Khan’s participation in the SIR protest, asking, ‘What for were you there?’ It observed that Khan, being an OCI cardholder who was not entitled to vote in India, was not directly affected by the SIR exercise.
The Chief Justice had also remarked that Khan was not even remotely affected by SIR and had no business being there. The Bench had sought a categorical undertaking that he had no association with the organisers or protesters and would not participate in similar agitations in the future.
Senior Advocate Venkatesh Dhond, appearing for Khan, submitted that his client had not been called for questioning or for recording his statement in connection with the FIR. He also denied that Khan had any association with the protest organisers.
Dhond informed the Court that Khan had spent almost his entire life in India, except for the first two years after his birth in the United States. He had held OCI status since 2006 and was earlier granted Person of Indian Origin (PIO) status.
The actor agreed to furnish an undertaking against participating in similar protests and tendered an unconditional apology, which the Court accepted.
Additional Solicitor General Anil Singh, appearing for the Union Government, opposed the petition. He argued that Khan had gone beyond merely attending the protest and had allegedly instigated people to participate in the agitation through statements on social media.
The ASG submitted that OCI cardholders enjoy limited rights and that the Central Government has sovereign powers to direct a foreign national to leave India. He further argued that Article 21 of the Constitution does not confer a right on a foreign national to reside in India.
The Bench agreed with the Centre’s position that OCI cardholders cannot claim the same rights as Indian citizens. However, it questioned whether the Leave India Notice could be sustained without first giving Khan an opportunity to respond, particularly considering that he had lived and worked in India for several years.
The Chief Justice also observed that the country should show magnanimity towards someone who had spent most of his life in India and gained recognition here. Referring to the principle of Vasudhaiva Kutumbakam, the Bench questioned the circumstances under which the authorities had issued the notice.
The petition challenges the Leave India Notice issued by the FRRO, Mumbai, directing Khan to leave India by October 28. The notice had been kept in abeyance following the FRRO’s earlier assurance that no coercive steps would be taken against him until November 2.
The High Court has now extended the interim protection, making it clear that Khan will not have to leave India until the FRRO considers his response and takes a decision in accordance with the law.
The matter has been listed for further hearing on December 7.
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