Bombay HC Grants Relief to Actor Imran Khan Amid ‘Leave India’ Notice Controversy
The Bombay High Court provided a temporary respite to Bollywood actor Imran Khan on Tuesday, directing that the “Leave India” notice issued against him by the Foreigners Regional Registration Officer (FRRO) be kept in abeyance until November 2. The division bench’s order ensures that the actor, a United States citizen and Overseas Citizen of India (OCI) cardholder, will not face immediate deportation despite a directive issued by authorities on October 14.
The legal battle, filed as Imran Khan Pal v. Union of India & Ors., stems from an October 17 petition challenging an order that required the actor to depart from India by October 28. During the proceedings, the Additional Solicitor General of India requested a deferment, leading the court to schedule the next hearing for early November while staying the implementation of the FRRO notice in the interim.
The Basis of the Challenge
The government’s notice was issued under Section 7(2)(c) read with Section 29 of the Immigration and Foreigners Act, 2025. Khan’s legal team contends that the directive is procedurally flawed, arguing that he was never granted a prior hearing and that the notice is a “non-speaking” document, failing to specify what exact actions prompted the state to declare him a persona non grata.
At the heart of the petition is a conflict between the 2025 Immigration Act and the Citizenship Act of 1955. While the 2025 Act allows for the removal of foreigners without a formal hearing or statutory appeal, OCI holders are traditionally protected by Section 7D of the Citizenship Act. This section, bolstered by a 2019 amendment, mandates that an OCI registration cannot be cancelled without providing the cardholder a reasonable opportunity to be heard. Khan’s lawyers argue that the government cannot bypass these constitutional safeguards by using the immigration law as a tool to achieve what would otherwise require a formal, challengeable citizenship revocation process.
Connection to Electoral Roll Protests
The controversy surrounding Khan’s residency status appears directly linked to his recent participation in public demonstrations. The actor had been active in protesting the Election Commission of India’s “Special Intensive Revision” (SIR) of electoral rolls. This door-to-door verification drive has sparked national outrage, with civil society groups and opposition parties alleging that approximately 130 million voters—predominantly from poor or migrant backgrounds—have been systematically purged from electoral lists.
Protesters have demanded the resignation of Chief Election Commissioner Gyanesh Kumar, accusing the commission of bias and collusion with the ruling Bharatiya Janata Party (BJP). While the Election Commission maintains that the SIR process is a lawful exercise authorized by established guidelines, the matter is currently subject to a broader challenge before the Supreme Court of India.
As the Supreme Court allows parties to file responses regarding the commission’s justification for the electoral roll deletions, the Bombay High Court’s intervention in Khan’s case adds another layer of scrutiny to the government’s treatment of individuals critical of the current electoral exercises. For now, Imran Khan remains in the country as the court prepares to delve deeper into the legality of the government’s attempt to compel his departure.
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