NEW DELHI: The Bombay high court on Monday pulled up actor Imran Khan, a US citizen holding an Overseas Citizen of India (OCI) card, for taking part in a protest against Chief Election Commissioner (CEC) Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.The court observed that the right to protest was available only to Indian citizens, after which the actor tendered an unconditional apology.A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna remarked that instead of deporting Khan immediately, authorities had shown leniency by issuing him a notice asking him to leave the country.Khan’s lawyer, Venkatesh Dhond, responded by submitting an undertaking that the 43-year-old actor would not participate in any protest in the future. He also conveyed Khan’s unconditional apology to the court.The actor had approached the high court challenging a notice issued by the Foreigners Regional Registration Office (FRRO), directing him to leave India by October 28. The notice followed his participation in a protest over the SIR exercise in Mumbai last month.The bench posted the matter for further hearing on December 7 and extended its earlier order keeping the FRRO notice in abeyance until then. The court also reiterated that an OCI cardholder does not have the right to participate in protests in India.
Here’s what court said:
- “If an Indian had done the same thing elsewhere would it have been tolerated? If this had happened in America, the person would have been put on the next flight back to India,” the high court remarked, suggesting Khan to consider taking Indian citizenship if he was so keen on participating in protests.
- The court said while it was not disputing the powers of the authorities to take such an action (to issue notice), certain ground realities also need to be considered.
- “He (Khan) is ready to tender an unconditional apology. He has been in India since childhood. Show some magnanimity and a big heart now. We have to be ‘Vasudhaiva Kutumbakam’ (the world is one family),” the court said.
- As far as law is concerned, the authorities have sovereign powers, the court said, adding they would be well within their powers to deport the actor.
- “As an OCI cardholder, you (Khan) are at the mercy of this country. Hence, such behaviour cannot be tolerated, but one chance can be given,” the high court said.
- For what had he (Khan) gone to a place of protest (in Mumbai)? the bench asked while adding in a lighter vein that the actor does not even have any film coming up to promote.
- “The rights Indian citizens enjoy and the rights available to OCI cardholders are different. If he had been an Indian citizen then the situation would have been different,” Chief Justice Tripathi noted .
- Khan holds an OCI card and hence he cannot behave like an Indian citizen, the bench further said.
- “You (Khan) had no right to participate in a protest of such nature. You have no connection with the SIR (Special Intensive Revision of electoral rolls undertaken by EC). The right to protest is not available to an OCI cardholder,” HC said.
Senior counsel Venkatesh Dhond, appearing for Khan, initially submitted an undertaking to the court on the actor’s behalf, assuring that he would neither participate in any future protest nor instigate others to do so.However, the court said the undertaking alone would not be enough and asked Khan to tender an unconditional apology.The court observed that Khan had been in India since childhood, had worked in the film industry here and had earned recognition in the country.“Your social media posts (after he was released from detention by police) amounted to instigation. You have young followers who are bound to get influenced,” it said.
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The Foreigners Regional Registration Office (FRRO) had issued the ‘Leave India’ order under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act. These provisions empower the government to restrict the movement of foreign nationals and enforce their removal from the country.The notice directed Khan to leave India by October 28, warning that deportation proceedings would be initiated if he failed to comply.The action followed Khan’s brief detention by police during a demonstration at Mumbai’s historic August Kranti Maidan on October 10. The rally was held in solidarity with an agitation by the Cockroach Janta Party (CJP), which demanded the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.In his petition challenging the FRRO notice, filed through advocate Zulfiquar Memon, Khan maintained that he had not participated in the gathering and had no association or affiliation with its organisers.
✍️ Vikrant Kharwar
Vikrant Kharwar is the Founder and Editor of News Us Media. He writes about trending news, sports, entertainment, technology, and viral stories. His goal is to make news simple, informative, and easy to understand for readers across the United States and around the world.
