Imran Khan must apologise for joining anti-CEC protest, Bombay High Court says; leave-India notice stays on hold

The Bombay High Court on Monday told actor Imran Khan to file an unconditional apology for joining a protest against Chief Election Commissioner Gyanesh Kumar, saying an Overseas Citizen of India (OCI) cardholder “cannot criticise” while living in the country.

A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said OCI holders are not on a par with Indian citizens. Khan was not affected by the Special Intensive Revision of electoral rolls and had no business at such a protest, the judges said, asking what work he had there. “This will not be tolerated,” the bench remarked.

The court still gave the actor relief. The stay on the leave-India notice issued by the Foreigners Regional Registration Office (FRRO), Mumbai, will continue until the office decides the matter after hearing him. The notice had told Khan to leave by 28 October. The judges accepted that the Centre has sovereign power over OCI holders but said he should get a chance to respond, noting that he had lived in India for years and asking what would happen if police later found nothing against him.

Senior Advocate Venkatesh Dhond, for Khan, said the 42-year-old was born in the United States, spent two years there and has lived in India the rest of his life. He said Khan has not been called for any inquiry, has no link with the organisers and would give an undertaking not to join protests.

Additional Solicitor General Anil Singh said OCI holders have very limited rights and no enforceable right to live in India. He said Khan had “instigated people” on social media and that his own plea said he went to the protest out of curiosity.

The case will be heard next on 7 December.