OCI cardholder lacks rights of Indians, but Bombay HC lets Imran Khan stay in India

The Bombay High Court on Monday questioned actor Imran Khan's participation in a protest. The court observed that a person holding an Overseas Citizen of India (OCI) card cannot seek the same rights as Indian citizens.

However, Khan tendered an unconditional apology and agreed to give an undertaking that he would not take part in such protests in future. The court then allowed him to stay in India.

Khan holds US citizenship and an OCI card. The Foreigners Regional Registration Office (FRRO) had sent him a notice to leave India by October 28. He had challenged this "Leave India notice" in the Bombay High Court.

The petition was heard by a Bench of Chief Justice M. C. Tripathi and Justice Advait Sethna. The protest had been held against Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls. The Bench asked why Khan had taken part in it.

The court said that, as an OCI cardholder, Khan could not be treated on a par with Indian citizens. It also asked why, as a foreign national, he had intervened in a matter with which he had no direct connection. The Bench further asked why he had not applied for Indian citizenship, given that he had lived and worked in India for nearly four decades.

On the background, the protest was held on October 10 near August Kranti Maidan, and Mumbai Police detained Khan at the time. The protest demanded the resignation of Chief Election Commissioner Gyanesh Kumar, alleging irregularities in the electoral roll revision process.

BJP leader Kirit Somaiya complained of violations of OCI rules and immigration conditions. The FRRO then issued Khan the notice to leave India on October 14.

Khan moved the High Court arguing that the action was arbitrary and that he had not been given adequate opportunity to present his side. The court had earlier stayed the "Leave India notice" and allowed him to remain in India.

At Monday's hearing, the court took into account Khan's unconditional apology and his readiness to give an undertaking. It directed the FRRO to give Khan an opportunity to present his side, and said the stay on the "Leave India notice" would continue until the FRRO decides the matter.

The next hearing in the case will be on December 7.