The Bombay High Court on Tuesday adjourned actor Imran Khan’s plea challenging a ‘Leave India Notice’ issued by the Foreigners Regional Registration Office (FRRO), Mumbai, directing him to leave the country
by October 28.
The Centre assured the court that no coercive action would be taken against Khan until November 2, when the matter will be heard again.
A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna is hearing Khan’s plea against the notice issued by the FRRO.
Khan had moved the Bombay High Court on October 17, challenging the order directing him to leave India. The actor has claimed that he did not participate in the protest against Chief Election Commissioner (CEC) Gyanesh Kumar and had no association with the organisers.
The case stems from a protest held at Mumbai’s historic August Kranti Maidan on October 10 in solidarity with demonstrations in Delhi by the Cockroach Janta Party (CJP), which has been demanding the resignation of CEC Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
Khan was briefly detained during the Mumbai protest. The authorities subsequently issued a notice directing him to leave India on or before October 28. The notice warned that failure to comply could lead to deportation proceedings.
The 43-year-old actor has challenged the notice as “illegal, arbitrary, perverse and drastic”. Through his advocates Zulfikar Memon and MZM Legal, Khan has alleged that the action reflects “patent non-application of mind” and the “arbitrary targeting” of him because of his public profile.
Khan has sought quashing of the notice and a stay on its operation during the pendency of his petition. He has also sought directions restraining the authorities from taking any coercive action against him.
“Not only is the notice manifestly disproportionate, if implemented, it would reduce the very principles of natural justice that the authorities are duty-bound to uphold, to nothing but a dead letter,” the petition said.
The actor has further claimed that he has no association, affiliation or connection with any organisation or institution involved in organising the protest against the CEC.
Meanwhile, Khan has also received a show-cause notice from the FRRO seeking an explanation as to why his Overseas Citizen of India (OCI) status should not be revoked.
According to the authorities, the departure order was issued under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act, which empower the government to regulate the stay of foreign nationals in India and order their removal in certain circumstances.
Section 7(2)(C) allows the government to prohibit, regulate or restrict the presence of a foreigner in India or any specified area. Section 29 provides for the removal of a foreign national for violating provisions, rules or orders under the law, or in cases involving an adverse security report.
Khan, the nephew of Bollywood actor Aamir Khan, has appeared in several Hindi films. He was directed to leave India by October 28, failing which deportation proceedings could be initiated under Section 29.
