Mumbai, November 2, 2026: The Bombay High Court on Monday observed that an Overseas Citizen of India (OCI) cardholder cannot claim the protection of Article 14 of the Constitution available to Indian citizens, while hearing actor Imran Khan’s challenge to an FRRO notice directing him to leave India.
At the same time, the court urged the Centre to show magnanimity, noting that Khan had lived in India for several years and had no criminal record.
Following the court’s rebuke, Khan tendered an unconditional apology.
The notice follows Khan’s detention on October 10 during a demonstration at August Kranti Maidan in Mumbai. The protest was held in solidarity with an agitation in Delhi against Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
A bench of Chief Justice MC Tripathi and Justice Advait Sethna made the observations while hearing Khan’s plea against the ‘Leave India’ notice issued by the Foreigners Regional Registration Office (FRRO). The court continued its interim order keeping the notice in abeyance and posted the matter for further hearing on December 7.
Centre Says OCI Status Does Not Confer Citizenship
Additional Solicitor General Anil Singh, appearing for the Centre, submitted that Khan was an American citizen and that his OCI status did not confer Indian citizenship or fundamental rights available to citizens. He argued that the government had unfettered powers to direct a foreign national to leave the country, even without establishing any foundational facts of wrongdoing.
Senior advocate Venkatesh Dhond, appearing for Khan, told the court that his client had held an OCI card since 2006 and had earlier held a Person of Indian Origin (PIO) card for six years. He clarified that Khan was not disputing the Centre’s powers but was questioning the circumstances in which they were exercised.
The bench acknowledged that the government had the power to deport a foreign national but questioned the circumstances surrounding the decision. “As far as law is concerned, we are with you that you have unfettered power that you can deport anyone. We are on ground reality what happened on that day,” the bench remarked.
Court Urges Centre To Show Magnanimity
The court also noted that Khan had no criminal antecedents. “Before passing such an order, we need to see who has stayed here for such a long time without any crime,” the court observed.
The judges also urged the Centre to consider Khan’s long association with India and his unconditional apology. Referring to the principle of ‘Vasudhaiva Kutumbakam’ (the world is one family), the bench told Singh: “Magnanimity of the country also must be there. You must show a big heart.”
The court added that the government could eventually decide to allow Khan to stay in India.
Singh, however, maintained that OCI cardholders could not claim parity with Indian citizens or expect to stay in India while criticising the government.
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FRRO Had Directed Actor To Leave India
The FRRO had directed him to leave India by October 28, alleging violation of immigration laws.
The court had last week kept the notice in abeyance after the Centre assured it that no coercive action would be taken against Khan. On Monday, it continued the protection and asked the Centre to file its reply.
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