Mumbai, Oct 15 Actor Imran Khan, a US citizen and an OCI cardholder, will move Bombay High Court challenging a notice issued by the Mumbai Police directing him to leave India by October 28 for allegedly violating rules by participating in a political demonstration.
The 43-year-old actor, an Overseas Citizen of India (OCI) cardholder, is likely to file a petition in HC by Friday or Monday through his advocate Zulfiquar Memon.
In the draft petition, the actor has termed the “leave India” directive “drastic” and argued that no provision under the current law or statutory rules prohibits an OCI cardholder from participating in a peaceful protest.
Once filed, the plea is expected to be mentioned for an urgent hearing before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.
The police action follows Khan’s brief detention during an agitation at Mumbai’s August Kranti Maidan on October 10. Protesters had gathered at the historical site in solidarity with a demonstration by Cockroach Janta Party in Delhi demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the SIR issue.
According to officials, Khan was served departure order after authorities invoked statutory provisions under Section 7 (2)(C) and Section 29 of The Immigration and Foreigners Act, which grant powers to the government to restrict the movement of foreign nationals and enforce their mandatory removal.
Under Section 7 (2)(C), the government holds authority to issue directions prohibiting, regulating, or restricting the presence or continued presence of any foreigner, specifically empowering officials to order that an individual “shall not remain in India or in any specified area therein.”
Additionally, the notice invokes Section 29, which permits the government to direct the removal of a foreign national for contravening any provisions, rules, or orders of the Act, or pursuant to an adverse security report. The section equips law enforcement officers with all reasonable powers necessary to enforce the directive.
Khan, the nephew of Bollywood superstar Aamir Khan, who has starred in several Hindi films, has been directed to leave the country on or before October 28, failing which deportation procedures under Section 29 may be initiated.
(PTI News)
