The Bombay High Court is set to hear actor Imran Khan’s challenge on Tuesday against a Mumbai Police notice that directs him to leave India by October 28. Khan, a United States citizen, moved the court after being served the departure order following a brief detention at August Kranti Maidan in Mumbai on October 10.
What the court will consider
The plea came up on Monday before a division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. Lawyer Venkatesh Dhond appeared for Khan, while Solicitor General Tushar Mehta represented the Centre; both sides asked for the matter to be taken up the next day, and the bench agreed to hear it on Tuesday.
Khan has asked the court to quash the notice, to keep it in abeyance while the petition is pending, and to direct that no coercive step be taken against him in the meantime.
Why the notice was issued
Mumbai Police say the order was issued under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act. Section 7(2)(C) allows the government to prohibit, regulate or restrict the presence of a foreign national, and Section 29 provides for the removal of a foreigner who breaches provisions of the Act or faces an adverse security report.
The events trace back to a gathering at August Kranti Maidan held in support of a Delhi protest over the Special Intensive Revision of electoral rolls. Police detained Khan briefly on October 10 and then served him with the departure notice. If he does not leave by October 28, deportation proceedings under Section 29 may begin.
Khan’s defence
Khan, a 43-year-old actor and nephew of Aamir Khan, says he did not join any gathering and has no connection with the protest’s organisers. He approached the High Court on October 17. He has also received a show-cause notice from the Foreigners Regional Registration Office asking why his Overseas Citizen of India status should not be cancelled.
In his petition, Khan calls the police notice “illegal, arbitrary, perverse and drastic”. The plea contends that the order reflects a “patent non-application of mind” and amounts to arbitrary targeting of a public figure. It argues that the order is disproportionate and, if implemented, would make the principles of natural justice a “dead letter.”
- October 10: Khan briefly detained at August Kranti Maidan; police later serve the leave-India notice.
- October 17: Khan files his Bombay High Court petition.
- October 27: The division bench is scheduled to hear the matter.
- October 28: The deadline to leave India in the police notice.
Why this matters
Beyond the immediate deadline, the case puts an OCI holder’s residence in question. An Overseas Citizen of India has long-term stay rights, but that status is not immunity from administrative action. The parallel FRRO show-cause and the departure order are separate proceedings, and each carries its own consequences.
The High Court’s view on whether the notice was legally sound will matter beyond this actor: it will signal how strictly the authorities can invoke removal provisions against public figures caught up in, or linked to, protest activity.
Source: The Times of India
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