The Bombay High Court on Monday asked actor Imran Khan, an Overseas Citizen of India (OCI) cardholder, to tender an unconditional apology for participating in protests against Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls. The Court also sought an undertaking that he would not participate in similar protests in the future.

A Division Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing Khan’s petition challenging a “Leave India Notice” issued by the Foreigners Regional Registration Office (FRRO), Mumbai, directing him to leave India by October 28, 2026.

The Court extended the suspension of the notice until the FRRO decides the matter after giving Khan an opportunity to respond. The matter is next listed for December 7.

Court’s observations

During the hearing, the Bench orally observed that an OCI cardholder cannot be treated at par with an Indian citizen and questioned why Khan had participated in a protest concerning SIR, which the Court said did not directly affect him.

The Court asked Khan to clarify whether he had attended the protest or was present for some other purpose, and whether he had any association with the protest organisers. It also indicated that an unconditional apology was necessary before accepting his undertaking.

Senior Advocate Venkatesh Dhond, appearing for Khan, submitted that the actor had no association with the organisers and had not been summoned for questioning. He said Khan had lived in India for almost his entire life, apart from the first two years after his birth in the United States.

Centre opposes plea

Additional Solicitor General Anil Singh, appearing for the Centre, opposed the petition, arguing that an OCI cardholder has limited rights in India and no enforceable right to reside in the country. He also alleged that Khan had used social media to instigate people in connection with the protest.

The Bench, while acknowledging the Centre’s submissions regarding OCI rights, questioned whether the Leave India Notice could have been issued without giving Khan an opportunity to respond, particularly in light of his long residence in India.

The Court continued the suspension of the notice and directed that Khan be given an opportunity to respond before the FRRO makes its decision.

Case: Imran Khan Pal v. Union of India
Case No.: Writ Petition (L) No. 36271 of 2026