New Delhi: Actor Imran Khan has tendered an unconditional apology before the Bombay High Court for participating in a protest demanding the resignation of Chief Election Commissioner Gyanesh Kumar at August Kranti Maidan in Mumbai on 10 October. The actor also assured the court he will not participate in any future protests. The court stayed his Leave India Notice until the next hearing.
Khan, 43, a US citizen who holds an Overseas Citizen of India (OCI) card, was issued a Leave India Notice two weeks ago under provisions of the Immigration Act after nearly 400 people, including him, were detained in Mumbai. His lawyer had said they were ready to challenge the Leave India notice in court.
A Leave India Notice is a directive requiring a foreign citizen to exit the country within a specified period; failure to comply can result in detention, deportation, or blacklisting.
He furnished an undertaking that he would not participate in any future protests in any form, citing the restrictions applicable to OCI cardholders.
“Except for the two years that I spent in the United States, I have lived in India. India is my home. I have my child here and my professional and personal life is based here. My work, family and roots are all in India,” Khan told the court.
In addition to the undertaking, the court has also asked for an unconditional apology.
“If he may have unintentionally stated or spoken about the protest or anything against the dispensation, unintentionally on his social media page and to the media, he regrets the same,” Advocate Zulfiqar Memon, managing partner at MZM Legal Aid and part of Khan’s legal team, said in a statement.
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‘Go to USA’
During the hearing, the Bombay High Court questioned Khan about his sudden interest in protests in India.
“You have been residing in India for so many years, yet you never participated in any protest during all this time. Why have you chosen to participate in a protest now, after living here for so long?” the court asked.
Chief Justice Mahesh Chandra Tripathi observed that OCI cardholders cannot criticise the government or participate in such activities while residing in India, adding that such conduct would not be tolerated.
“Go to USA and participate in protests there and you can even go and cast your vote but you protesting anything here won’t be tolerated,” he said, according to Livelaw.
OCI cardholders are foreign nationals of Indian origin who get a lifelong visa but cannot vote or contest elections.
While OCI rules do not expressly list attending a public protest as an activity requiring prior permission, Article 19 guarantees of free speech and peaceful assembly are available only to citizens.
OCI registration remains subject to cancellation under Section 7D of the Citizenship Act on grounds including sovereignty and security.
The Maharashtra government also said that foreign nationals who violate visa conditions must face consequences.
The court has asked the state government to file its reply in the matter. The next hearing is scheduled for December 7. Until then, the notice directing Khan to leave India has been stayed.
Khan’s team also added that the ‘Jaane Tu… Ya Jaane Na’ actor has never been affiliated or associated with any party or groups conducting the protests.
(Edited by Stela Dey)