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Bombay HC Extends Protection to Actor Imran Khan Against 'Leave India' Notice After Apology Over Protest Participation

By Saket Sourav      02 November, 2026 08:26 PM      0 Comments
Bombay HC Extends Protection to Actor Imran Khan Against Leave India Notice After Apology Over Protest Participation

Mumbai: The Bombay High Court has extended its interim relief staying the 'Leave India' notice issued to Bollywood actor Imran Khan Pal by the Foreigners Regional Registration Office (FRRO). 

A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna recorded the actor's unconditional apology and an undertaking that he would refrain from participating in any political demonstrations in the future. The FRRO notice had originally directed Khan, a 44-year-old United States citizen holding an Overseas Citizen of India (OCI) card, to exit the country by October 28.

The legal dispute arose following Khan's presence near August Kranti Maidan in Mumbai on October 10 during a public demonstration. The gathering was organized to protest the ongoing Special Intensive Revision (SIR) of electoral rolls and demand the resignation of Chief Election Commissioner Gyanesh Kumar. Mumbai Police briefly detained Khan at the site, and an FIR was subsequently registered for alleged unlawful assembly and disobedience of official orders. Following a complaint, the FRRO issued the 'Leave India' notice under the Immigration and Foreigners Act, 2025, alleging that the actor had breached immigration conditions.

Challenging the notice before the High Court, Khan submitted that the directive was issued arbitrarily without providing a show cause notice, an inquiry, or an opportunity to respond. His counsel argued that Khan had resided in India for 40 of his 42 years, contributed through taxes and job creation, and had no criminal antecedents. Counsel further submitted that Khan had merely arrived near the location out of curiosity, did not cross police barricades or raise demands, and was not affiliated with any protest organizers. Khan maintained that his brief media remarks reflected no intention to engage in political agitation.

During the hearing, the bench emphasized that Overseas Citizen of India status does not confer fundamental rights under Article 19 of the Indian Constitution, such as freedom of speech and peaceful assembly, which belong exclusively to Indian citizens. The court observed that foreign nationals and OCI cardholders remain subject to executive regulations and cannot claim parity with citizens to participate in political agitations. The judges noted that as a prominent public figure with a wide following, Khan was expected to act responsibly and questioned his presence at an event concerning India's electoral process.

Opposing the petition, Additional Solicitor General Anil Singh, contended that the Union Government possesses sovereign discretion to regulate or remove foreign nationals. The ASG argued that Khan went beyond passive presence by giving interviews and allegedly instigating individuals on social media. However, noting Khan’s long residence in India and his submission of an unconditional apology alongside a formal undertaking, the bench remarked that authorities should demonstrate magnanimity under the guiding principle of Vasudhaiva Kutumbakam, pending the FRRO’s final decision.

The High Court directed that the interim protection suspending the 'Leave India' notice will remain in force until the FRRO considers Khan's written representation and decides the matter in accordance with law. 

The court instructed the Union Government and the State of Maharashtra to file their affidavits in response to the petition. Clarification was issued that tendering an apology does not grant permission for future political involvement, and the court listed the matter for further hearing on December 7, 2026.

Case title: Imran Khan Pal v. Union of India & Ors.



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Saket is a law graduate from The National Law University and Judicial Academy, Assam. He has a keen ...Read more

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