Bombay HC tells OCI cardholder Imran Khan to apologise unconditionally for joining protest

The Bombay High Court on Monday reprimanded actor Imran Khan, a US citizen and Overseas Citizen of India (OCI) cardholder, over his participation in a protest on the CEC-SIR issue. The court said the right to protest is available only to Indian citizens. Khan then agreed to tender an unconditional apology.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said OCI cardholders do not have the same rights as Indian citizens. The High Court said, "As an OCI cardholder, you are here at the mercy of this country. Such conduct cannot be tolerated, but one chance can be given."

The bench asked why Khan attended a protest on an issue concerning Indian citizens. It said he had nothing to do with SIR. The bench suggested that if he wished to take part in protests, he should take Indian citizenship. The court also said the authorities have the power to deport him.

The court also asked whether an Indian citizen would be allowed to join a similar protest abroad. The bench said certain ground realities have to be kept in mind. The court added, "Khan is ready to apologise unconditionally. He has been in India since childhood. Now show some generosity and a big heart. We have to proceed in the spirit of 'Vasudhaiva Kutumbakam' (the world is one family)."

Senior advocate Venkatesh Dhond, appearing for Khan, gave an undertaking that the 43-year-old actor would not take part in any protest in future and would not incite anyone else to do so. The bench said an undertaking alone was not enough and Khan must also apologise unconditionally. The court also referred to Khan's social media posts after his release from police custody, and said his young followers could be influenced by him.

The Foreigners Regional Registration Office (FRRO) had issued Khan a 'Leave India' order under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act. These sections empower the government to restrict and remove foreign nationals. The order asked Khan to leave the country by October 28, failing which deportation proceedings would follow.

The notice came after a protest at Mumbai's August Kranti Maidan on October 10, in which police briefly detained Khan. The rally was in support of the Cockroach Janta Party (CJP). It demanded the resignation of CEC Kumar over alleged irregularities in SIR.

Khan's lawyer Zulfiqar Memon said after the hearing that the High Court has directed the state to file its reply and listed the matter for December 7, 2026. According to Memon, the 'Leave India' notice will be stayed until then. He said the Chief Justice sought an undertaking from Khan that, as an OCI cardholder, he would not take part in protests in any form in future.

Memon said Khan has also been asked for an unconditional apology for anything said inadvertently on social media or in the media about the protests. According to him, Khan has never taken part in an anti-government protest and has no intention of doing so. Memon said the court itself used the word "inadvertently". He said that if Khan, because of his celebrity status, said or posted anything that appeared to be against the government, he is ready to withdraw it with regret and apologise.

Memon also said Khan has not been associated with any party, agency or group that stages protests, and that the undertaking has already been placed on record. According to him, the court appreciated that Khan has spent 42 years in this country without any controversy and that his livelihood is in India. Memon said whether the notice will be withdrawn will be decided after the undertaking and apology are filed. No date has been set for filing the apology, and it will be filed after the FRRO's response is received.