Imran Khan Challenges FRRO 'Leave India' Notice in Bombay High Court

FRRO invokes Immigration and Foreigners Act for deportation

Authorities invoked Sections 7 (2)(C) and 29 of The Immigration and Foreigners Act to issue the departure order to Khan. These provisions grant officials the power to restrict the presence of foreign nationals and enforce their removal from the country.

The FRRO notice identifies the actor as a US national and alleges breaches of the Immigration and Foreigners Act, 2025. It warns that Khan faces criminal prosecution if he fails to leave India by the October 28 deadline.

Detention during anti-CEC protest at August Kranti Maidan

Mumbai Police detained Khan on October 10, 2026, near August Kranti Maidan at Nana Chowk during an anti-CEC protest. The demonstration was part of a larger movement where more than 400 people were detained across Mumbai.

Protesters gathered to demand the resignation of Chief Election Commissioner Gyanesh Kumar over the SIR process. The FRRO issued the subsequent departure notice to Khan following his detention at this specific political demonstration.

Actor denies participation in political demonstration

Khan claims he was never part of the protest and holds no anti-government stance. He attended the gathering purely as a local Mumbai resident rather than representing any political organization. The actor had no association, affiliation, or connection with any organization or institution involved in mobilizing the protest.

The petition states Khan did not participate in any gathering, enter restricted areas, or disobey police orders. He was apprehended by police only after media personnel surrounded him as he returned to his vehicle. Video footage will prove he did not break any barricades and was in the process of leaving when detained alongside his partner Lekha Washington and cousin Zayn Marie Khan.

The petition argues the August Kranti Maidan venue was not a restricted area. It further asserts that no law or statutory rules prohibit an Overseas Citizen of India cardholder from participating in a peaceful protest.

Petition alleges lack of due process and arbitrary notice

Khan describes the FRRO notice as "illegal, perverse, drastic and bad in law" in his petition. Filed through advocate Zulfiquar Memon and MZM Legal, the plea seeks to quash the order and obtain an interim stay. The actor received a show-cause notice from the FRRO regarding why his Overseas Citizen of India status should not be cancelled.

The petition claims the notice was issued in haste based on political complaints without providing reasons or supporting material. Authorities failed to specify which statutory provision was breached or provide details on how or when the alleged offense occurred. The FRRO also treated him solely as a US national while overlooking his status as an Overseas Citizen of India cardholder.

Khan was given 14 days to leave the country without a preliminary inquiry, show-cause notice, or an opportunity to be heard. The petition argues the notice was issued without giving the actor any opportunity to respond to the alleged violations.

Deep-rooted ties to India and lack of criminal record

Khan has lived in India since he was two years old and maintains deep-rooted familial, marital, educational, and professional ties to the country. His legal petition highlights that he has no criminal record or antecedents.

The plea describes the government's order to leave as a disproportionate measure against a lifelong resident. It notes that the case involves bailable offenses for which no chargesheet has been filed.

Political pressure and police conduct reported

The action against the actor followed a demand by former MP and BJP leader Kirit Somaiya for his deportation. Somaiya alleged that Khan’s participation in a political demonstration violated immigration rules and urged the Mumbai Police to verify his citizenship status.

Following his detention during the protest, Khan posted a photograph from inside a police van with the caption: “Apparently, I am going for a ride”.

Khan’s petition alleges that after his release from the Yellow Gate Police Station, police personnel intimidated his cab driver and forced him and his family to walk to Bhendi Bazar. The actor stated that while he learned through media reports that an FIR had been registered against him, he has not yet received any formal summons.

Urgent hearing scheduled for Monday

Khan’s legal team, consisting of advocates Zulfiquar Memon, Parvez Memon, and Chirag Naik, filed the plea to challenge the FRRO notice. The petition asserts that no law prevents an Overseas Citizen of India (OCI) cardholder from participating in peaceful protests.

The actor is seeking urgent ad-interim relief to stop the implementation of the notice and a final order to have it quashed. His plea further requests that the court direct the FRRO to produce the underlying records of the decision.

The petition argues that authorities disclosed no security concern or urgency in the notice, and staying the directive pending final disposal would cause no prejudice to the authorities. According to the filing, if the court does not grant ad-interim relief, Khan would be forced to leave his home, family, and livelihood, resulting in an uncompensatable loss.

The matter is expected to be mentioned for an urgent hearing on Monday before a division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.