Imran Khan Served Legal Notice To 'Leave India' Due To OCI: Who Is An OCI? What Are The Rights?

(MENAFN- Live Mint) Bollywood actor Imran Khan will challenge the legal notice issued to him to leave the country by October 28. As per PTI, Khan is likely to file the plea in the Bombay High Court by Friday or Monday over alleged violation of the Immigration and Foreigners Act. The controversy stems from Khan's participation in protests against Chief Election Commissioner (CEC) Gyanesh Kumar in Mumbai.

Imran Khan's OCI status row over participation in anti-CEC protest

Khan, a US national and Overseas Citizen of India (OCI ) cardholder, received a notice from the Foreigners Regional Registration Office (FRRO) after his detention at the demonstration.

Who is an OCI?

The OCI scheme was introduced in 2005. It is only applicable to eligible foreign nationals of Indian origin. Unlike its name, OCI status does not confer Indian citizenship or permit dual citizenship in India. As an OCI cardholder, an individual of Indian origin may remain a foreign national and hold passports issued by their respective countries, according to the Ministry of Home Affairs (MHA).

Quick answers to key questions

.5 QUESTIONS1Does an OCI card make someone an Indian citizen?⌵

No. OCI status is for eligible foreign nationals of Indian origin and does not confer Indian citizenship or allow dual citizenship in India.

2What rights and benefits do OCI cardholders have in India?⌵

OCI cardholders receive a multiple-entry, lifelong visa and are generally exempt from FRRO registration. They have parity with NRIs in certain economic, financial and educational matters, subject to applicable conditions.

3Can OCI cardholders participate in protests in India?⌵

The OCI rules described in the articles do not specifically list protest participation as an activity requiring prior permission, but the rules do not settle whether every protest is permitted. OCI holders cannot claim Article 19's freedom of speech and peaceful assembly on the same basis as Indian citizens.

4Can an OCI cardholder be asked to leave India or have OCI status cancelled?⌵

Yes. OCI cardholders remain foreign nationals subject to Indian immigration laws, and OCI registration can be cancelled on specified grounds. A complaint or allegation alone does not establish that an offence occurred or that removal is justified.

5Why was Imran Khan issued a notice to leave India?⌵

The FRRO issued the notice after Khan, a US national and OCI cardholder, participated in a Mumbai protest and was detained. The notice alleged a violation of immigration law; Khan said he would challenge it in the Bombay High Court.

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According to an MHA notification dated March 4, 2021, OCI cardholders are entitled to a multiple-entry, lifelong visa to visit India and are exempt from registration with FRRO, irrespective of the duration of their stay.

The same notification also specifies parity with Non-Resident Indians (NRIs) in certain economic, financial and educational matters, subject to applicable conditions. However, OCI cardholders must obtain special permission for specified activities such as research, missionary or Tabligh work, mountaineering, journalism, selected internships or employment at foreign diplomatic missions in India, and visits to protected, restricted or prohibited areas.

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Under Section 7B of the Citizenship Act, 1955, OCI cardholders are not entitled to all rights reserved for Indian citizens. OCT holders do not have rights like the right to vote or contest parliamentary and state legislative elections, according to the Ministry of Home Affairs.

Article 19 of the Constitution, which guarantees freedom of speech and expression and the right to assemble peacefully, applies specifically to citizens.

This is where Imran Khan's rights as an OCI cardholder may remain controversial. The notification from the MHA does not particularly list participation in political protests or demonstrations among the activities for which an individual under OCI status requires prior permission.

Who filed complaint against Imran Khan?

The notice was sent to Imran Khan following a complaint against him by former BJP MP Kirit Somaiya.

Somaiya told PTI,“I had filed a complaint regarding this matter. Imran Khan is an American citizen. No foreign national can engage in Indian politics or participate in illegal political activities in India. Over the past few weeks, we have seen foreign powers, foreign funding, foreign individuals, and foreign organisations attempting to create disorder in India. Imran Khan also picked up a flag, and therefore, a person of this kind has no right to stay in India.”

“Whether it is Imran, Yusuf, Iqbal, or Amir Ali, money comes from Pakistan, and major American companies also provide funding here. These people want to create instability in India by working together with what I would call 'Dimagi Naxals.' I welcome the decision taken by Union Home Minister Amit Shah and Chief Minister Devendra Fadnavis. I had filed this complaint, and a decision was taken within five days. Now, Imran Khan can approach whichever court he wishes to. He is not an Indian citizen, and therefore, he cannot claim such rights here. Action will be taken,” he added.

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