Why Has Imran Khan Been Asked To Leave India By October 28? Legal Provisions Invoked Against OCI Cardholder Explained

(MENAFN- Live Mint) The Mumbai Police have issued a notice to Bollywood actor Imran Khan, an American national, directing him to leave India by 28 October for allegedly violating provisions of the Immigration and Foreigners Act, officials were quoted as saying on 15 October.

The action follows the actor's participation in an agitation at Mumbai's August Kranti Maidan on 10 October, where protesters demanded the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar.

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Police had briefly detained Khan during the demonstration.

Imran Khan, 43, who has acted in several Bollywood films, is the nephew of superstar Aamir Khan. Former BJP MP Kirit Somaiya, who had sought action against Imran Khan after he participated in the protest, welcomed the police notice against him.

"Imran Khan holds foreign citizenship and is not an Indian national. Under relevant provisions of the Foreigners/Immigration Act, foreign nationals are prohibited from participating in political protests or political activities on Indian soil," a police official was quoted as saying in the news agency report.

The actor was born and educated in the US, but earned his livelihood in India while "participating in political and diplomatic activities opposing the government," the BJP leader charged.

A formal notice directing the actor to leave the country by October 28 has been served on him, and he has received a copy of it, the police said. Further administrative procedures are underway, they added.

What does the law say?

The notice to Imran Khan has been issued under Sections 29 and 7 of the Immigration Act over allegations that he participated in the protest despite not being an Indian citizen.

Section 7 of the Immigration and Foreigners Act, 2025 grants the Central Government authority to regulate, restrict, or prohibit the entry, movement, presence, or departure of foreigners in India.

Section 29 authorises the Central Governmen to order the removal of a foreigner for violating the Act or due to adverse security reports, empowering officials to enforce removal and recover costs from the individual

"The Central Government may, by general or special order, direct the removal of a foreigner from India for contravention of any of the provisions of this Act or any rule or order made thereunder or an adverse security report, and thereupon any officer of the Government shall have all reasonable powers necessary to enforce such directions," reads the section.

What is OCI scheme?

The OCI scheme was introduced in 2005 for eligible people of Indian origin who hold foreign citizenship. Possessing an OCI card does not mean Indian citizenship.

OCI cardholders are basically foreign nationals who enjoy certain privileges, including a lifelong, multiple-entry visa to India, subject to applicable rules.

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OCI cardholders also have other benefits relating to education, property and certain professional activities. OCI cardholders cannot vote in Indian elections, contest elections to Parliament or state legislatures, or claim other political rights reserved for Indian citizens.

The rights and restrictions governing OCI cardholders are set out in the Citizenship Act, 1955, as well as in the rules and notifications issued by the Centre.

Can OCI cardholders participate in protests?

The OCI rules do not specify whether a holder may participate in a public protest in India. This, however, does not mean that an OCI cardholder is allowed to participate in protests in India.

Under Section 7B of the Citizenship Act, OCI cardholders are not entitled to specified rights available to Indian citizens. The restrictions on voting and elected office, however, do not mean that attending a protest is illegal, according to experts.

Can an OCI cardholder be arrested or deported?

An OCI cardholder remains a foreign national and is subject to Indian laws governing foreigners and immigration.

Section 7D of the Citizenship Act provides for cancellation of OCI registration on specified grounds. The law includes grounds relating to sovereignty and security, among others.

A complaint to the police or an allegation of a visa violation does not necessarlily that an offence has been committed or that deportation is justified.

In May last year, Nitasha Kaul, a British Kashmiri Professor of Politics and International Relations at London's University of Westminster, claimed that her OCI was cancelled by the Indian authorities over alleged“anti-India activities”.

Kaul was accused of“numerous inimical writings, speeches and journalistic activitie at various international forums and on social media platforms” that target“India and its institutions on the matters of India's sovereignty,” news agency PTI had said then.

(With agency inputs)

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