Imran moves High Court, gets show-cause notice after ‘leave India’ order

Bollywood Actor Imran Khan has approached the Bombay High Court after receiving an order from the Indian government directing him to leave the country.

Filing a petition before the High Court on Saturday (17 October), his lawyers argued that the order is arbitrary, unjustified and based on misconceptions. They stated that Overseas Citizen of India (OCI) cardholders are not bound by any condition that bars them from staging protests.

The petition is likely to be heard on Monday (19 October) before a bench headed by Bombay High Court Chief Justice Mahesh Chandra Tripathi. Imran has requested an expedited hearing.

The Foreigners Regional Registration Office (FRRO) had ordered Imran to leave India by 28 October. Imran’s lawyers have described the order as ‘unconstitutional’.

Imran is accused of participating in a protest march organised by the Cockroach Janata Party (CJP) despite being a foreign national. The authorities reportedly issued the departure order on this ground.

He was informed that he is a US citizen and an OCI cardholder. Recipients of that status are not allowed to join anti-government protests in India.

Imran has challenged the order in the high court on several grounds. First, he argued that no such restriction applies to OCI cardholders. Second, he is not a member of any political party. Simply walking into a protest or speaking about the right to move freely cannot be treated as a crime. Third, he was ordered to leave the country without even being given a chance to explain his side.

He stated that the entire decision is unconstitutional, one-sided, and based on misunderstandings. The petition described the move as "the ultimate example of government arrogance and abuse of power."

Imran has urged the court to ensure that no coercive action is taken against him, that he is not forcibly deported and that no Look Out Circular (LOC) is issued against him pending the disposal of his petition.

Notably, on the same day Imran approached the Bombay High Court, the FRRO issued him another notice. The second notice is a show-cause letter asking why his OCI card should not be cancelled.

Imran’s lawyers see this as a significant point in their challenge. Questions have been raised as to why a show-cause notice was issued after he had already been ordered to leave the country.

The lawyers argue that the sequence raises questions about whether the initial order was issued without hearing his side. The second notice also suggests that the FRRO may not have followed the proper procedure and is now attempting to correct the error.

Imran’s lawyer, Zulfiqar Memon, told the media that they were reviewing the second notice. “The implications of the new notice will become clear during the court hearing. We will ask which notice should be considered valid, the first or the second. If the second notice is the relevant one, the first becomes ineffective,” he said.

In his petition, Imran has alleged that he is being made a scapegoat and suggested that there may be other reasons behind the action.

The petition invokes Article 14 of the Indian Constitution, which guarantees equality before the law, and Article 21, which protects the right to life and personal liberty. Seeking a stay on the notice, it argues that allowing the order to stand would violate the principles of natural justice and amount to a mockery of the Constitution.

The petition further alleges that the departure order was issued without adequate consideration and was based on an arbitrary decision.

Indian authorities can cancel an OCI card if they consider the holder’s activities to be prejudicial to the country’s sovereignty and security. Section 7D(e) of India’s Citizenship Act provides for such cancellation.

Imran Khan, 44, is an American citizen of Indian origin. He was born in Wisconsin, United States and is the nephew of popular Bollywood actor Aamir Khan.