The Bombay High Court has temporarily stayed the operation of a notice directing Bollywood actor Imran Khan to leave India, allowing him to remain in the country while his legal challenge awaits further consideration.
The matter was taken up on Monday, October 26, before a Division Bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna. The hearing was adjourned after the Central Government sought additional time to present its response.
The Court has now scheduled the case for November 2 at 3 pm.
Importantly, the Centre assured the Bench that no coercive measures would be initiated against Khan before the next hearing. The Court also directed that the disputed notice remain in abeyance during this period.
Centre Seeks More Time As Departure Deadline Approaches
The legal proceedings assumed urgency because the Foreigners Regional Registration Office (FRRO) had directed Khan to leave India by October 28.
Khan, an American citizen who holds an Overseas Citizen of India (OCI) card, approached the High Court seeking protection against the order.
Senior Advocate Venkatesh Dhond, appearing for the actor, highlighted the approaching deadline and requested urgent consideration of the petition.
The Court was informed that Solicitor General Tushar Mehta would appear on behalf of the Union Government. During the proceedings, the Additional Solicitor General requested that the matter be adjourned until the following Monday.
Khan's counsel drew attention to the fact that his client was required to leave the country before that date.
The government law officer assured the Court that no adverse action would be taken in the meantime.
Taking note of the assurance, the Bench deferred the hearing and ensured that the impugned notice would not operate until the next date.
Protest In Mumbai Triggered Immigration Proceedings
The controversy began following Khan's participation in a demonstration near August Kranti Maidan in Mumbai on October 10.
The protest was organised to demand the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
Mumbai Police detained Khan during the demonstration. His partner, Lekha Washington, and cousin Zayn Marie Khan were also reportedly detained.
On October 14, the FRRO issued a Leave India Notice requiring the actor to depart by October 28.
The immigration authorities invoked Sections 7(2)(c) and 29 of the Immigration and Foreigners Act, 2025, as the legal basis for their action.
Imran Khan Challenges Notice As Arbitrary And Unconstitutional
Khan subsequently moved the Bombay High Court through a writ petition titled Imran Khan Pal v. Union of India & Ors.
The petition was filed through advocates Zulfiquar Memon, Parvez Memon and Kunal Vajani.
In his challenge, Khan contended that the immigration authorities had acted arbitrarily and that the notice violated his constitutional protections.
He specifically invoked Article 14, which guarantees equality before the law, and Article 21, which protects life and personal liberty.
The actor also questioned the procedure adopted by the FRRO.
According to his petition, the authorities issued the departure notice without first providing him an adequate opportunity to explain his position.
He maintained that the absence of a prior hearing and the alleged failure to follow the prescribed show-cause procedure rendered the action legally questionable.
These submissions remain allegations advanced by the petitioner and have not yet been finally adjudicated by the High Court.
Legal Questions Surrounding OCI Status
The dispute has also brought attention to the legal position of Overseas Citizen of India cardholders and the powers available to immigration authorities.
Although OCI status permits eligible foreign nationals to reside in India subject to applicable conditions, it does not confer Indian citizenship.
The case raises questions about the procedural safeguards applicable when authorities seek to direct an OCI cardholder to leave the country, particularly where the action follows participation in a public demonstration.
The High Court's interim order does not decide the validity of the FRRO notice. It merely prevents its enforcement while the proceedings continue.
Actor Known For Several Bollywood Films
Imran Khan made his leading-role Bollywood debut with the romantic comedy Jaane Tu... Ya Jaane Na and subsequently appeared in several popular Hindi films.
His filmography includes Delhi Belly, Break Ke Baad, Ek Main Aur Ekk Tu, Mere Brother Ki Dulhan and Gori Tere Pyaar Mein.
The actor's legal challenge will return before the Bombay High Court on November 2, when the Centre is expected to present its position on the disputed immigration notice.