'Leave India' notice: HC to hear Imran's plea next week
What's the story
The Bombay High Court has agreed to hear a petition filed by actor Imran Khan, a US citizen and Overseas Citizen of India (OCI) cardholder, against a "Leave India Notice" issued to him by the Foreigners Regional Registration Officer (FRRO). The notice was issued for allegedly trying to participate in an anti-Chief Election Commissioner (CEC) protest. A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna will hear the matter on October 26.
Legal challenge
Notice issued after complaint by BJP leader Kirit Somaiya
Khan has challenged the FRRO notice asking him to leave India by October 28.
The notice was issued after Khan allegedly participated in a protest at August Kranti Maidan, Mumbai, on October 10.
The protest demanded the removal of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
BJP leader Kirit Somaiya lodged a complaint with Mumbai Police against Khan, highlighting his US citizenship.
Petition details
FRRO notice infringes statutory rights of OCI cardholders: Khan
In his petition, Khan has argued that the FRRO notice was issued without giving him a chance to be heard and infringed upon the statutory rights of Overseas Citizen of India (OCI) cardholders.
He also denied participating in the protest, stating he was merely standing near the site when detained.
Petition details
Action violates my fundamental rights: Khan
Khan has also sought an urgent stay on the notice, calling it "arbitrary, unreasoned and wholly misconceived."
He claims that the action violates his fundamental rights to equality under Article 14 and to life under Article 21 of the Indian Constitution.
Legal proceedings
Petition seeks to quash FRRO notice
Khan's petition seeks to quash the FRRO notice and asks the authorities to produce records on which the decision was made.
The notice describes Khan as a US national and alleges violations of the Immigration and Foreigners Act, 2025.
It also warns of prosecution if he doesn't leave India within the stipulated deadline.
Legal argument
Petition claims no provision specified in notice
Khan's petition argues that the authorities have not specified the provision he allegedly violated or explained when and how the breach occurred.
It further claims that FRRO has treated him only as a US national, ignoring his OCI status and long-standing residence in India.
The notice directs him to leave within 14 days without a prior inquiry or an opportunity to present his case.
Social media
Khan shared a photo after being detained
After his detention, Khan had posted a picture from inside a police van on social media with the caption: "Apparently, I am going for a ride."
At the protest, he had said, "I don't have demands. I am here as a citizen, as someone who lives in this city. I am here to see why freedom of movement is being restricted, why people's voices are being suppressed. I am not in a position to make demands."