Imran Khan to move court challenging FRRO’s notice

Authorities acted after a BJP leader’s complaint; legal experts say the case may turn on the protest’s legality and whether due process was followed.

Four days after he participated in demonstrations outside the August Kranti Maidan in Mumbai, supporting demands for the ouster of Chief Election Commissioner Gyanesh Kumar, the America-born actor Imran Khan was asked to leave the country by October 28 by the Foreigners Regional Registration Office (FRRO), Mumbai.

Mumbai Police detained actor Imran Khan among protesters at August Kranti Maidan during demonstrations supporting the CJP protest against CEC Gyanesh Kumar. (Raju Shinde/HT)

Khan was born in 1983 in Wisconsin, USA, to Nuzhat Khan, film star Aamir Khan’s cousin, and California-based software engineer Anil Pal. He was granted Overseas Citizen of India (OCI) status under the Citizenship Act, 1955, which allows him a lifelong multiple-entry Indian visa.

Khan has since said that he will challenge the FRRO’s notice. His counsel, advocate Parvez Memon, senior partner of MZM Legal, said they are drafting a petition likely to be filed in the Bombay High Court on Friday.

“We are finalising the petition and will file it in the High Court tomorrow (Friday), also attempting to mention the case for an urgent hearing,” Memon said, adding that the notice claims he contravened the provisions of the Immigration and Foreigners Act, 2025, and the Rules and Orders made thereunder.

The notice dated October 14, seen by HT, invokes Sections 7 and 29 of the Immigration and Foreigners Act, 2025. The latter empowers the Central Government “to order the removal of a foreigner from India for contravention of any provisions of the Act or any rule or order made thereunder or on receipt of an adverse security report.”

Police officials said the action was initiated following a complaint lodged by BJP leader Kirit Somaiya. In his complaint to the police authorities and the FRRO, Somaiya sought action against Khan for participating in political activities in India despite being a foreign national.

Legal considerations for OCI holders

Legal experts, however, said authorities must cite reasons and allow him a hearing before taking action, abiding by the principles of natural justice.

Advocate Sujay Kantawala, who has handled several cases under the Citizenship Act, said a person holding OCI can only be asked to leave the country under “exceptional circumstances” with reasons provided in black and white. “The grant of OCI is discretionary but a person can be asked to leave abruptly, like in this case, only if the reasons are serious, such as an act endangering the country or if that person is a threat to security. If it has been done for participating in a peaceful protest then it’s a serious stretch,” Kantawala said.

“Any action by the state must be backed by a solid reason or the decision would be arbitrary,” said advocate Ashwin Thool, who earlier represented India-born US national Nooriya Haveliwala in a 2010 drunken driving incident where she was convicted for mowing down two persons, including a policeman, at Marine Lines. He also said the police should give Khan a hearing in this case or seek a written reply.

Thool said OCI is, in fact, like an extended visa. “Any foreigner in India is under certain conditions which include not participating in any illegal activities and abiding by Indian laws. If the protest was held without the requisite permission, the police may consider it illegal. In that case, he may have to offer an explanation for participating in the protest. Now, whether the police were right in doing that is up to the court to decide. It’s a matter of perception whether his (Khan) action was malafide or bonafide,” said Thool.

The October 10 Mumbai protest

On October 10, Khan participated in protests organised by Mahatma Gandhi’s great-grandson Tushar Gandhi, through his non-profit - Hum Bharat Ke Log – supporting the Cockroach Janata Party’s (CJP) campaign demanding the resignation of the CEC, in New Delhi.

As the demonstrations proceeded without prior police permission, hundreds of protestors gathered at August Kranti Maidan on October 10, including Gandhi, Khan, his partner Lekha Washington, Nuzhat and Imran’s cousin Zayn Marie were detained by the local police.

Before being detained, Khan told media persons he was not associated with any organisation, but had visited the protest site in an individual capacity. “I am here as a citizen. I am here to see why freedom of movement has been restricted and why people’s voices are being oppressed,” he had said.

In an Instagram post, Lekha Washington later claimed they went to August Kranti Maidan to inquire about some of their friends who had been detained by the police. She said as they walked towards the historic ground, media persons surrounded Khan and he clarified that “we had not been associated with any organisation and we had no demands,” but before he could finish his sentence, plainclothes police personnel grabbed her and Zayn and forced them into a police vehicle.

Imran Khan was also taken in a different vehicle than the others, and all of them according to Washington, were moved around in police vehicles for hours – majorly remaining stuck in traffic at different places. Zayn also claimed in a video statement that she and Lekha suffered bruises during the detention.

Khan made his Bollywood debut in 2008 with ‘Jaane Tu…Ya Jaane Na’ which was a commercial success. Other rom-coms such as ‘I Hate Luv Storys’, ‘Mere Brother ki Dulhan’ and ‘Ek Main Aur Ekk Tu’ followed, and his attempt to enhance his equity as an actor was successful with the critically acclaimed action comedy thriller ‘Delhi Belly’ in 2011. However, work subsequently trickled down and he took a long hiatus from the film industry. He shares co-custody of his daughter Imara with his ex-wife Avantika Malik.

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