Mumbai: Actor Imran Khan is set to approach the Bombay High Court on Friday to challenge an order directing him to leave India by October 28 following his participation in a protest against Chief Election Commissioner Gyanesh Kumar in Mumbai.
Khan, a US citizen and Overseas Citizen of India (OCI) cardholder, intends to contest the order on the grounds that his participation in the demonstration did not violate any provision expressly prohibiting OCI cardholders from joining protests, according to details shared by his legal team.
Advocates Zulfiquar Memon, Parvez Memon and Chirag Naik of MZM Legal LLP are representing the actor. His lawyer said the team would challenge the order, which was issued over alleged violations of the Immigration and Foreigners Act and related rules.
Why Has Imran Khan Been Asked To Leave India?
The notice followed Khan’s participation in a protest held in Mumbai on October 10 in support of the Cockroach Janata Party (CJP). Demonstrators were seeking the resignation of Chief Election Commissioner Gyanesh Kumar amid allegations concerning the Election Commission and electoral roll revisions.
Khan was among those detained by Mumbai Police during the demonstration and was subsequently released.
BJP leader Kirit Somaiya sought action against the actor over his participation, questioning whether a foreign national holding an OCI card could take part in such a political protest. The complaint was followed by action under immigration-related provisions.
The order directs Khan to leave India by October 28. He is now preparing to challenge that direction in court.
What Will Imran Khan Argue In The Bombay High Court?
According to the proposed plea, no provision of the law or rule expressly prohibits OCI cardholders from participating in protests. The petition is expected to challenge the direction to leave India as a drastic measure.
The legal challenge will put the circumstances surrounding the notice and the provisions invoked by the authorities under scrutiny.
However, the claim that OCI cardholders are not expressly barred from protests does not, by itself, settle the wider legal question. OCI status does not confer Indian citizenship, and the government has powers under immigration law to regulate the stay and activities of foreign nationals.
The High Court will have to consider the arguments and the applicable legal provisions if the petition is filed and taken up for hearing.
When Will The Bombay High Court Hear The Case?
Khan’s legal team plans to file the petition on Friday and is expected to seek an urgent hearing.
The matter may be placed before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. The scheduling and listing of the plea will depend on the court’s procedures.
As of Thursday, the actor’s proposed challenge had not yet resulted in any reported court order setting aside or staying the direction to leave India.
What Happens Next In The Imran Khan Case?
The immediate question is whether the Bombay High Court will take up Khan’s plea before the October 28 deadline and whether it grants any interim relief against the order.
Until the court issues a direction, the notice remains in place. The legal challenge will also bring attention to the distinction between OCI privileges and the rights available exclusively to Indian citizens, particularly in the context of political activity.
The case follows a wider controversy around protests demanding action against the Election Commission. Khan’s petition is expected to focus on the legality of the immigration order and the grounds on which it was issued.
