HC lets Imran Khan stay in India after unconditional apology, questions his role in protest

The Bombay High Court on Monday asked actor Imran Khan why he took part in a protest against the Election Commission of India. The court said a person holding an Overseas Citizen of India (OCI) card cannot claim rights similar to those of an Indian citizen.

The actor was nevertheless allowed to stay in India. The court gave the relief after Khan agreed to tender an unconditional apology and gave an undertaking that he would not take part in such protests in future.

Khan holds US citizenship and an OCI card. He had approached the High Court challenging the "leave India notice" issued by the Foreigners Regional Registration Office (FRRO), which asked him to leave the country by October 28.

A bench of Chief Justice M.C. Tripathi and Justice Advait Sethna heard the petition. It questioned Khan's participation in a demonstration against Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.

During the hearing, the court said that as an OCI cardholder, Khan could not be treated as equal to Indian citizens. It also asked why, as a foreign national, he had involved himself in an issue that did not directly concern him. The bench further asked why the actor, who has lived and worked in India for nearly four decades, had not applied for Indian citizenship.

The matter began on October 10, when Mumbai Police detained Khan during a protest near August Kranti Maidan. The protest demanded the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the revision of voter rolls.

BJP leader Kirit Somaiya then complained of violations of OCI rules and immigration conditions. Following the complaint, the FRRO issued a notice on October 14 directing Khan to leave India by October 28.

Khan later challenged the notice in the High Court. He argued that the action was arbitrary and that he had not been given a full opportunity to present his case. The High Court had earlier stayed the leave India notice, allowing him to remain in the country until his petition was considered.

On Monday, the court took note of Khan's unconditional apology and undertaking. It directed that the stay on the notice would continue until the FRRO decides the matter after giving the actor an opportunity to respond. The court has fixed December 7 for the next hearing.