Mumbai: Actor Imran Khan Pal (44) filed a petition in Bombay High Court Saturday challenging a “leave India notice” issued to him by the FRRO for participating in a protest here on October 10 in support of the CJP’s anti-CEC stir in Delhi. Khan, a US national having an OCI registration, has been asked to leave the country by October 28, reports Swati Deshpande.

The notice is “arbitrary, unreasoned and wholly mis­c­o­n­ceived’’ and against princip­l­es of natural justice as it was is­sued sans any hearing to him and flouts his fundamental rights to equality under Article 14 and to life under Article 21 of the Indian Constitution, his plea said. He was given nei­t­her reasons nor any reason­a­b­le opportunity to be heard and the notice was issued directly, he says in his petition.

His petition says it is a “punitive executive action’’ where he is made a “scapegoat’’ and the notice appears to be for “extraneous’’ reasons to “stifle perceived dissent.’’ The pl­ea will be mentioned likely on Monday.

He said he has been in India since he was two years old and says that he has “no association, affiliation or connection whatsoever with any organization or institution involved in organizing or participating in the protest against the incumbent Chief Election Commissioner.’’

Articles 14 and 21 are constitutional guarantees available to even foreigners in India, his petition underscored. He e-filed his petition on Saturday and on the same day FRRO sent him a fresh notice.

The FRRO has invoked the Immigration and Foreigners Act (IFA) 2025 to issue him the “leave India notice”. The notice is based on “purported contravention of uncited provisions of the IFA and the Rules and Orders’’ under it, the petition states. The petition says Khan has no criminal antecedents.

Seeking urgent intervention of the HC to stay the notice, the petition filed through MZM Legal advocates Zulfiquar Memon, Parvez Memon and Chirag Naik, says its potential enforcement would be a “mockery of the principles of natural justice and the Constitution of India’’.

The notice is completely silent on any instances of the contravention in question; any underlying order or data forming the basis for issuance of the order or even any security report, the petition said. “The notice is not a bona fide exercise of statutory authority, but a manifestly arbitrary, high-handed and grossly disproportionate abuse of power, vitiated by complete non-application of mind. It seeks to single out the Petitioner as a convenient scapegoat and make an example of him in furtherance of extraneous personal agendas with which he has no connection, whether to appease public opinion or to stifle perceived dissent,’’ the petition says.

The notice doesn’t disclose statutory contravention or the semblance of any due process, Khan’s petition adds.

Mumbai: Actor Imran Khan will move Bombay High Court challenging a Mumbai Police order directing him to leave India by October 28 for allegedly violating the Foreigners Act and related rules, his advocate Parvez Memon said.

Khan is being represented by advocates Zulfiquar Memon, Parvez Memon and Chirag Naik from MZM Legal LLP.

Memon said they would challenge the order on Friday. "Rules do not prohibit OCI (Overseas Citizen of India) cardholders from participating in a protest", Memon added further.

Khan, an Overseas Citizen of India (OCI) cardholder, was served the order after BJP leader Kirit Somaiya sought action against him over his participation in a protest in Mumbai on Saturday in support of the Cockroach Janata Party.

Somaiya visited Gamdevi police station on Monday and submitted an application seeking action against the actor. The police subsequently forwarded the application to the Foreigners Regional Registration Office (FRRO) for further action.

“Imran Khan staying in India for the last couple of days is showing extremism, fanaticism... Indians cannot tolerate it. Khan is a foreign citizen and hence he cannot protest,” Somaiya said.

A senior official confirmed that the actor had been directed to leave the country. “Imran Khan is indeed a foreign national. The competent authority has found that he is a foreign national and has violated the Foreigners Act and the Foreigners Rules. He has therefore been served an order to leave India by October 28,” the official said on condition of anonymity.

Somaiya has also written to Mumbai Police seeking Khan’s detention and deportation, alleging that his participation in the demonstration violated the rules governing OCI cardholders and the conditions of his visa. In a social media post, Somaiya said he had also lodged a complaint with the FRRO’s Immigration Division at Mumbai airport.

OCI cardholders are foreign nationals who enjoy certain privileges in India, including a lifelong, multiple-entry visa, subject to applicable rules. They are also entitled to specified benefits relating to education, property ownership and certain professional activities.

-------------------------------------------

Mumbai: Lawyers of actor Imran Khan, who has been asked by FRRO to leave the country by Oct 28, contend that he did not participate in the protest at August Kranti Maidan last Saturday.

Speaking to the media moments before being detained at the protest site, the actor had said, "I am here as a citizen, as a person who lives in this city. I am here to see why freedom of movement is being restricted, why are people's voices being repressed."

The controversy erupted after BJP ex-MP Kirit Somaiya sought action against Khan, saying the actor had no rights to protest challenging govt policy as he was a foreigner.

The defence also intends to question the allegation that Khan participated in the protest in the manner claimed by the complainant. "Let police take out the CCTV footage of the area and everything will be clear," advocate Zulfiquar Memon said. Apart from Memon, Khan is being represented by Parvez Memon and Chirag Naik from MZM Legal LLP.

According to the actor's defence, he was passing through Nana Chowk when the road was barricaded and media representatives approached him. The legal team plans to seek CCTV footage to establish his movements and determine whether he was an active participant in the demonstration.

These are the defence's claims and will need to be tested against evidence. The police had registered a case against the protestors, including Khan, for illegal assembly since police had not granted them permission for the protest.

Minister of state for home Yogesh Kadam defended the FRRO's decision. "When you enter a country, a visa is issued and certain conditions are stated. You cannot violate those conditions, and if any violation occurs, the relevant Act applies and a notice is issued," he said. Tushar Gandhi, who had called for Saturday's protest, condemned the action.