The Foreigners Regional Registration Office (FRRO) in Mumbai has directed actor Imran Khan, who holds a US passport and an Overseas Citizen of India (OCI) card, to leave India by October 28, following a complaint by Bharatiya Janata Party (BJP) leader Kirit Somaiya over his participation in a political protest.
Somaiya had approached the authorities after Khan joined a demonstration organised by the Cockroach Janta Party (CJP) against Chief Election Commissioner (CEC) Gyanesh Kumar at August Kranti Maidan in Mumbai Central on October 10.
Confirming the action, a Mumbai Police official said the FRRO had served a notice on Khan, who lives in Mumbai’s Khar area and is the nephew of Bollywood actor Aamir Khan.
“The FRRO has taken the action and a notice was served to the actor Imran Khan, who is [in India] on an OCI card. The actor nephew of Bollywood star Amir Khan stays in Khar and was served the notice,” the official said.
The FRRO operates under the Bureau of Immigration in the Ministry of Home Affairs and is responsible for matters concerning the registration, movement, stay and departure of foreign nationals, as well as visa extensions. It works in coordination with the police.
What prompted the complaint?
Somaiya had asked Mumbai Police to verify Khan’s citizenship, questioning whether a foreign national should participate in a political agitation.
According to news agency PTI, the BJP leader pointed out that Khan was born and educated in the United States but earned his livelihood in India while participating in political and diplomatic activities opposing the government.
“I had sought a report on how long Imran Khan had been a US citizen,” Somaiya said, expressing gratitude to the authorities for taking action.
The demonstration called for Kumar’s resignation over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
Khan, his girlfriend Lekha Washington, his mother Nusrat and his niece Zayn (Marie) were among around 400 people detained during the protest.
Following the detention, Zayn shared a video in which she alleged that police personnel had assaulted and manhandled her. She also displayed bruises that she said she sustained during the incident.
Are OCI cardholders allowed to take part in protests?
OCI cardholders are foreign nationals who enjoy certain privileges in India, including a lifelong, multiple-entry visa, subject to applicable rules. They are also entitled to specified benefits relating to education, property ownership and certain professional activities.
However, OCI status does not confer Indian citizenship or the political rights reserved for citizens. Section 7B of the Citizenship Act, 1955, provides for the rights available to OCI cardholders, while excluding specified political rights, including voting and eligibility for certain public offices. Indian citizens’ freedom to assemble peacefully and without arms is protected under Article 19(1)(b) of the Constitution.
OCI cardholders remain subject to Indian laws governing foreign nationals and immigration, and the circumstances of a particular protest may be relevant when authorities assess whether applicable laws or OCI conditions have been breached.
Under Section 7D of the Citizenship Act, an OCI registration may be cancelled on specified grounds, including circumstances involving the sovereignty and security of India, subject to the applicable legal provisions.