New Delhi: Actor Imran Khan, a US citizen and Overseas Citizen of India cardholder, on Saturday, 17 October, moved the Bombay High Court challenging a Mumbai Police notice directing him to leave India by 28 October for allegedly violating rules by participating in a political protest.
In his petition, filed through advocate Zulfiquar Memon and MZM Legal, the 43-year-old actor described the notice as “illegal, perverse, drastic and bad in law”. He has sought its quashing and an interim stay on its operation.
“Imran has constantly maintained that it was merely his curiosity to witness, first-hand, the protest on the ground and support the right to protest. It is a matter of record that Imran was never a part of the protest, nor is he against any government and has never participated or intended to participate in any protest,” the official statement on the actor’s behalf read.
The plea claims that no provision under the existing law or statutory rules bars OCI cardholders from participating in peaceful protests. It also challenges the manner in which the notice was issued, arguing that the authorities failed to provide reasons or supporting material for their decision.
The plea is expected to be mentioned for an urgent hearing before a division bench consisting of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.
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‘No bar for a foreigner’
The police action against Khan comes after his brief detention during a protest at Mumbai’s August Kranti Maidan on 10 October. Protesters had assembled at the venue in solidarity with a demonstration organised by the Cockroach Janta Party in Delhi, demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) and alleged corruption. Authorities issued Khan a departure order under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act.
Now, Khan’s petition challenges the legality of the departure notice and seeks urgent judicial intervention to prevent its implementation.
“The restriction on gatherings at the location was imposed by a local police order. It is not an order under the Immigration and Foreigners Act, and the location is not a protected, restricted or prohibited place notified by the Central Government under that Act. Hence no provision of the Act, and no condition of Imran’s OCI status, has been breached,” the petition read.
“Moreover, participating in a rally or even protesting are not restrictive covenants on any foreigner, let alone an OCI holder, which position has been corroborated by the FRRO in its fresh SCN issued today. This has been settled by the Hon’ble Calcutta High Court in a matter concerning a Polish National / foreigner who was issued a similar LIN pursuant to his participation in a protest. The said LIN was eventually quashed by the Hon’ble High Court recognising that there is NO BAR for a foreigner to participate in a peaceful protest or a rally in India.”
(Edited by Ratan Priya)