The Bombay High Court on November 2, 2026, continued interim relief for actor Imran Khan, a United States citizen and Overseas Citizen of India (OCI) cardholder, after he tendered an unconditional apology for his alleged participation in an October 10 protest in Mumbai against Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
The actor also submitted an undertaking promising not to participate in future protests or directly or indirectly encourage others to join such demonstrations. A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna extended its order keeping the Foreigners Regional Registration Office’s (FRRO) Leave India Notice in abeyance until December 7, when the matter is scheduled to be heard again.
The court questioned Khan’s involvement in a protest concerning an electoral exercise that it said did not directly affect him as an OCI cardholder. However, it also raised concerns about whether the authorities had provided him with an adequate opportunity to respond before directing him to leave India. The actor maintains that he attended the gathering to observe the restrictions on movement and the alleged suppression of voices, rather than to participate in the demonstration.
Court Questions OCI Rights
During the hearing, the Bombay High Court emphasised the distinction between Indian citizens and OCI cardholders, particularly concerning participation in political demonstrations. The bench observed that OCI cardholders could not be treated on a par with Indian citizens and questioned why Khan had attended a protest concerning the SIR exercise when he was not directly affected by it.
The court also sought clarification on whether the actor had any association with the organisers or intended to participate in the demonstration. It indicated that an unconditional apology was necessary before it would accept his undertaking not to participate in similar activities in the future. Additional Solicitor General Anil Singh, representing the Centre, opposed Khan’s plea, arguing that OCI cardholders have limited rights and cannot claim an unrestricted right to reside in India.
He also alleged that Khan had described his presence at the protest as curiosity in his petition but had encouraged people through social media. Khan’s legal team disputed the implications of his alleged involvement, maintaining that he had not been associated with the protest organisers. Senior advocate Venkatesh Dhond, appearing for the actor, submitted the apology and undertaking before the court. The bench, while acknowledging the Centre’s position on OCI rights, also questioned whether the Leave India Notice could have been issued without giving Khan an opportunity to present his response.
Protest Triggered Notice
The controversy began on October 10, when Khan was detained by Mumbai Police near August Kranti Maidan during a demonstration against Chief Election Commissioner Gyanesh Kumar. The protest was linked to concerns surrounding the SIR of electoral rolls and demands for the Chief Election Commissioner’s resignation. The demonstration formed part of wider opposition to the electoral revision exercise, with protesters raising questions about the fairness and transparency of the process.
Following Khan’s detention, BJP leader Kirit Somaiya filed a police complaint alleging that the actor had violated OCI-related rules and visa conditions by participating in the demonstration. The Mumbai Police subsequently forwarded an FIR to the FRRO, which issued a Leave India Notice on October 14, directing Khan to leave the country by October 28. Khan challenged the notice before the Bombay High Court, arguing that the authorities had acted without providing him an adequate opportunity to respond.
The court initially kept the notice in abeyance on October 28 and subsequently extended the interim protection. In his undertaking, Khan stated that he had no intention of participating in the protest and had attended the location to understand why freedom of movement was being restricted and people’s voices were allegedly being suppressed.
He also referred to his longstanding connection with India, stating that he had spent 40 of his 42 years in the country, followed its laws and contributed through taxes and employment generation. Khan expressed hope that his apology and undertaking would bring the controversy to an end. The court’s latest order does not finally resolve his immigration status. Instead, the FRRO must give him an opportunity to respond before deciding the matter, with the next hearing scheduled for December 7.
The Logical Indian’s Perspective
The developments surrounding Imran Khan’s case raise important questions about the relationship between immigration rules, individual rights and the freedom to express dissent. Governments have the authority to enforce immigration laws, and OCI cardholders do not enjoy all the rights available to Indian citizens. At the same time, decisions affecting a person’s ability to remain in a country should follow a fair, transparent process that allows the individual to understand and respond to the allegations against them.
How can India balance immigration regulations and the rights of OCI cardholders with the importance of peaceful dissent and fair legal proceedings?
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