Actor Imran Khan participated in a protest demonstration organized by the Cockroach Janata Party on October 10, during which Mumbai Police took him into custody. It subsequently came to light that Imran is a United States citizen and holds American citizenship. To live and work in India, he was granted an Overseas Citizenship of India card. Following these revelations, authorities served him with a 'Leave India' notice, granting him a deadline until October 28. A remarkably similar situation arose five years prior in 2020, when a Polish student was ordered to leave the country, prompting him to approach the Calcutta High Court, which ultimately set aside the government's 'Leave India' notice.
Revisiting that 2020 incident, the Calcutta High Court had cancelled the 'Leave India Notice' issued against Polish student Kamil Siedczynski. The student had taken part in a rally held in Kolkata to protest against the Citizenship Amendment Act. At the time, government authorities initiated action under the provisions of the Foreigners Act. However, the High Court identified flaws in the notice and quashed it. Based on the prevailing laws and facts presented at that time, the court ruled that merely participating in a political rally does not in itself justify taking such coercive action. The court's decision established that participation in a political demonstration cannot be used as grounds for action against a foreign national unless sufficient legal basis exists.
Actor Imran Khan retains the option to present his case before the Foreigners Regional Registration Office or the central government to seek the withdrawal or reconsideration of the 'Leave India' notice. Nevertheless, Section 7 of the Immigration Law 2025 does not outline a clear procedure for appeal. Conversely, Section 7-D of the Citizenship Act provides for a reasonable opportunity of being heard before an OCI registration is cancelled. Furthermore, Imran Khan holds the option to approach the High Court under Article 226 of the Constitution, where he can challenge the legality of the notice and seek an interim stay on its execution. According to sources, Khan's legal counsel has already approached the High Court.
