Bombay High Court Pauses Leave India Notice for Actor Imran Khan Until November 2
The Bombay High Court directed that a “Leave India Notice” issued to Bollywood actor Imran Khan by the Foreigners Regional Registration Officer in Mumbai be kept in abeyance until November 2. A division bench adjourned the hearing after the Additional Solicitor General of India sought a deferment. The court recorded that the October 14 notice, which required Khan to leave the country by October 28, would not be acted upon in the interim.
Khan, a 43-year-old United States citizen and an Overseas Citizen of India cardholder, filed a petition on October 17 seeking to quash the directive and secure an interim stay. Reuters reported that the actor was asked to leave after being accused of breaching immigration laws by participating in a protest. The petition, titled Imran Khan Pal v. Union of India & Ors., challenges the notice issued under Section 7(2)(c) read with Section 29 of the Immigration and Foreigners Act, 2025.
Legal Arguments and Immigration Act Provisions Under Scrutiny
Khan’s legal challenge contends that the removal directive is unconstitutional and arbitrary. The petitioner argued that the notice was received solely for attempting to attend a protest, that no prior hearing was granted, and that the order is non-speaking and generic because it fails to disclose what conduct contravened the Act. Section 7(2)(c) permits an order that a foreigner shall not remain in India or a specified area, while Section 29 empowers the Central Government to direct removal for contravention or on an adverse security report. Neither provision prescribes a hearing or provides a statutory appeal.
The petition draws a distinction with Overseas Citizen of India status, which is governed separately under the Citizenship Act, 1955. Section 7D of that Act governs cancellation on grounds including disaffection towards the Constitution and interests of sovereignty, and includes a 2019 statutory proviso barring any cancellation order without a reasonable opportunity of being heard. The central contention is that this safeguard cannot be bypassed by routing the same outcome through the 2025 Immigration and Foreigners Act. Advocate Pawan Sharma, an independent Bombay High Court practitioner, noted that the government holds absolute statutory authority to direct an OCI cardholder to leave India for participating in a political protest.
Demonstrators Protest Election Commission Roll Revisions in Mumbai
The immigration notice stems from demonstrations in Mumbai on October 10 against the Election Commission of India’s Special Intensive Revision of electoral rolls. Khan was detained by security personnel during a protest organized by the Cockroach Janta Party seeking the resignation of Chief Election Commissioner Gyanesh Kumar. Opposition parties and civil society groups allege the door-to-door re-verification exercise removed roughly 130 million names, disproportionately affecting the poor and migrants.
🚨 Bombay High Court stays “Leave India Notice” against actor Imran Khan till November 2 pic.twitter.com/kn6sOAfpBe
Lekha Washington, Khan’s partner, stated in an Instagram post on October 12 that she, Khan, his mother, and a cousin walked toward the protest site to inquire about a detained friend before being surrounded by media. Washington stated that Khan told media representatives they had no demands and belonged to no organization. Reuters noted that Mumbai Police did not respond to requests for comment, and no official police statement has been released regarding Khan’s case.
Frequently Asked Questions About the Imran Khan Immigration Case
What legal status does Imran Khan hold in India?
Khan is a United States citizen and an Overseas Citizen of India cardholder.
Why was the Leave India Notice issued?
The Foreigners Regional Registration Office issued the notice under the Immigration and Foreigners Act, 2025, following Khan’s presence at an October protest in Mumbai against the Chief Election Commissioner.
What did the Bombay High Court decide on October 27?
The division bench adjourned the hearing until November 2 after a request from the Additional Solicitor General, ruling that the October 14 removal notice will not be enforced in the interim.
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