Imran Khan Challenges FRRO's ‘Leave India’ Notice in Bombay High Court, Cites Procedural Irregularities
The actor has stated that the summary removal order fails to comply with provisions laid out under the Citizenship Act and came as a rash decision.
Imran Khan who is well known for his Hollywood flicks has moved the Bombay HC to challenge the notice served by FRRO asking him to leave India by 28th of October for contravening the Foreigners Act.
Khan in his petition has stated that executive authorities have failed to provide him with an opportunity of hearing and his statutory right as a citizen holding Overseas Citizen of India(OCI) registration. And went ahead to serve him with a notice following a political social media campaign.
American citizens were served with the notice by FRRO to leave the country by October 28.
After he was picked up by police during protests against CEC Gyanesh Kumar.
Notice was served after BJP politician Kirit Somaiya lodged a complaint at Gamdevi police station for disruption to peace under Bharatiya Nyaya Sanhita, 2023.
The FRRO had on October 17 sent a show cause notice to Khan asking why his OCI card should not be cancelled under section 7D of the Citizenship Act.
The matter will be mentioned before a division bench of CJ Mahesh C Tripathi and J Advait Sethna on October 19
Grounds of petition
Khan in his petition dated October 17 has contested the summary removal order served by FRRO under Section 7(2)(c) r/w section 29 of Immigration and Foreigners Act(IFA), 2025.
Khan has resided in India for over 40 years and holds an OCI card from 2006 as per the plea.
It was submitted that a hasty order was served on him.
Khan has alleged that they took a decision as a result of a social media campaign by politicians without exercising their own mind.
"To direct an individual to leave the country after an ill-founded momentary detention and from which he was set free the same night is an extreme measure," said the petition.
The petition also states that the notice does not mention which section of law was contravened, act done and when did he commit it.
"A loose accusation of a bailable offence cannot result in kicking someone out of his country which he lived in his lifetime." it said.
It was submitted that the principles under Article 14 and 21 apply to every person in the territory of India and an executive can't take action on such orders.
The plea further stated that the FRRO bypassed the provisions of citizenship act which asks them to send a show cause notice and give an opportunity of hearing before cancelling an OCIs permanent residence from the country.
The notice was served to him without any information on what wrong he committed or which section of IFA he violated. While overlooking the fact that he was an OCI cardholder.
Prayers
The petitioner has asked the court to cancel the notice served on October 14 and pass an interim stay against the same.
Khan has also prayed the court to not take any harsh action against him such as kick him out of country, lookout or deny him OCI benefits. He has also asked the court to produce all papers to support this decision.
Khan is represented by Zulfiquar Memon, Parvez Memon and Chirag Naik from MZM Legal.