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Updated - October 16, 2026 04:16 pm IST
The Mumbai Police have issued a notice to Bollywood actor Imran Khan, an American national, directing him to leave India by October 28 for allegedly violating provisions of the Immigration and Foreigners Act, officials said on on October 15, 2026. In this file visual, Imran Khan during a protest over Chief Election Commissioner Gyanesh Kumar’s resignation, in Mumbai, on October 10, 2026. | Photo Credit: PTI
Actor Imran Khan, a U.S. citizen and Overseas Citizen of India (OCI) cardholder, has been asked to leave India by October 28 after participating in a protest against Chief Election Commissioner Gyanesh Kumar in Mumbai. The Foreigners Regional Registration Office (FRRO) issued the notice following a complaint by BJP leader Kirit Somaiya, who alleged that Mr. Khan had violated the law by participating in the demonstration. The notice invokes Sections 7(2)(c) and 29 of the Immigration and Foreigners Act, 2025.
The OCI scheme allows eligible foreign nationals of Indian origin to register as Overseas Citizens of India. But OCI does not confer Indian citizenship.
Under Section 7A of the Citizenship Act, 1955, eligibility extends to people who were Indian citizens when the Constitution commenced on January 26, 1950, or became citizens thereafter; those eligible for Indian citizenship at that time; people belonging to territories that became part of India after August 15, 1947; and their children, grandchildren and great-grandchildren. Certain minor children and foreign spouses of Indian citizens or registered OCI cardholders are also eligible, subject to statutory conditions.
On the other hand, people who or whose parents, grandparents or great-grandparents, are or were citizens of Pakistan, Bangladesh or another country notified by the Central Government are ineligible.
OCI cardholders receive a lifelong, multiple-entry visa to India and are generally exempt from registration with the FRRO, regardless of the duration of their stay.
They have parity with Indian nationals for domestic airfares and entry fees to national parks, wildlife sanctuaries, national monuments, historical sites and museums. They also receive parity with non-resident Indians (NRIs) in certain matters, including the purchase and sale of immovable property other than agricultural land, farmhouses and plantation properties.
OCI cardholders can also pursue certain professions like medicine, dentistry, nursing, pharmacy, law, architecture and chartered accountancy subject to their respective laws. They may also appear for certain national entrance examinations, including NEET and the JEE, but only for NRI or supernumerary seats where applicable.
But they require special permission for activities such as research, missionary work, Tabligh, mountaineering and journalism. Permission is also required for certain internships and employment involving foreign diplomatic missions or governments and visits to protected or restricted areas.
In other economic, financial and educational matters not covered by specific notifications, OCI cardholders have parity with foreign nationals.
No. OCI registration does not confer the political rights available to Indian citizens.
Under Section 7B of the Citizenship Act, OCI cardholders cannot vote or contest elections. They are also ineligible for several constitutional offices, including the President, Vice-President and judges of the Supreme Court and High Courts, as well as most public employment reserved for Indian citizens.
Article 19 of the Constitution which guarantees freedoms including speech and peaceful assembly applies specifically to citizens. OCI cardholders cannot claim these fundamental rights in the same capacity as Indian citizens.
The Immigration and Foreigners Act, 2025, which replaced the Foreigners Act, 1946, gives the government powers to regulate the presence and activities of foreign nationals in India. OCI cardholders remain foreign nationals under immigration law.
The Act does not expressly prohibit foreign nationals from attending political rallies or demonstrations. However, its provisions allow the government to restrict their activities and continued presence in India.
The notice issued to Mr. Khan invokes Section 7(2)(c), read with Section 29.
Section 7 empowers the government to regulate or restrict the entry, departure and continued presence of foreigners. Under Section 7(2)(c), the government may direct a foreigner not to remain in India or in a specified area.
Section 29 empowers the government to order the removal of a foreigner for violating the Act, its rules or orders issued under it, or on the basis of an adverse security report. It also authorises officers to exercise reasonable powers to enforce such directions.
Section 7 separately allows the government to restrict a foreigner’s association with specified persons, prohibit specified activities and regulate conduct. However, the notice to Mr. Khan invokes the power to direct him to leave India rather than the provision specifically dealing with restrictions on activities.
In 2020 the Calcutta High Court quashed a notice directing Polish student Kamil Siedczynski to leave India after he participated in an anti-CAA rally in Kolkata. The court found the notice deficient and held that participation in a political rally by itself was insufficient to justify the action. The Court then observed that although Article 19 rights are specifically guaranteed to citizens, the right to have political views and participate in political activities comes under Article 21, which is the right to life and personal liberty which is even available to foreigners.
The 2025 Act has since replaced that law but retains broad executive powers over foreign nationals. The legality of action against Mr. Khan must therefore be examined under the new law and the specific grounds stated in the notice.
Yes. Section 7D of the Citizenship Act empowers the Central Government to cancel OCI registration on specified grounds.
These include obtaining registration through fraud, false representation or concealment of material facts, showing disaffection towards the Constitution, certain dealings with an enemy during a war involving India and being sentenced to imprisonment for at least two years within five years of registration.
Registration may also be cancelled if the government considers it necessary in the interests of India’s sovereignty and integrity, security, friendly relations with foreign countries or the general public.
Mr. Khan can make a representation to the FRRO or the Central Government seeking reconsideration or withdrawal of the notice.
Section 7 of the Immigration and Foreigners Act does not set out a comparable appeal procedure against a direction to leave India. He can also approach the High Court under Article 226 of the Constitution, challenging the notice and seeking interim protection against its enforcement. It is learnt that Mr.Khan’s lawyers have already approached the High Court.
The notice requires him to leave India by October 28. Unless the FRRO withdraws or modifies it or a court grants interim protection the direction remains operative.
Published - October 16, 2026 03:14 pm IST
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