OCI Cardholders Have No Right To Protest In India, Rules Bombay High Court; Imran Khan Tenders Apology

The Bombay High Court has paused the Leave India Notice against actor Imran Khan till December 7, after he submitted an unconditional apology and promised not to protest again.

Court Says OCI Holders Cannot Criticise The Country

The Bombay High Court said on Monday that Overseas Citizen of India (OCI) cardholders do not have “any right to criticise the country.” It added that such behaviour “cannot be tolerated.” The court directed actor Imran Khan, who holds US citizenship, to file an “unconditional apology” and a “categorical undertaking.” This undertaking should confirm he will not join any protests going forward. The bench said it could then request the authorities to take a “lenient approach” towards him.

Khan Submits His Apology And Promise

Senior Advocate Venkatesh Dhond, representing Khan, placed the apology and undertaking before the court. “I am volunteering to give the present undertaking that there will be no participation by me in any protests in the future,” Khan stated. He further said he would “not join or indirectly influence others to protest in future.” The undertaking was filed by advocates Zulfiquar Memon, Parvez Memon and Chirag Naik from MZM Legal. It mentioned that Khan has lived in India for 42 years and holds “utmost love” for the nation. It added that his “life, profession and affiliation are all confined to this great nation.”

The Background Of The Deportation Notice

The High Court was hearing Khan’s challenge against the Leave India Notice. The FRRO had issued this notice on October 14. This came days after Khan was detained during a protest in Mumbai on October 10. That protest was against Chief Election Commissioner (CEC) Gyanesh Kumar. The FRRO notice had originally asked Khan to exit India by October 28. Last week, the court had paused the notice until November 2. On Monday, it extended this pause until the next hearing on December 7.

“In the meantime, we expect that he would reside in India as a law-abiding person, not associating/ indulging in any activities/ protest, rights which are available to the citizen/s of this country under the Constitution,” the court stated in its order.

Judges Question The FRRO’s Process

During Monday’s hearing, the bench included Chief Justice Mahesh Chandra Tripathi and Justice Advait M Sethna. The judges questioned the FRRO’s approach. They remarked orally that Khan deserved “at least an opportunity” to explain his side. This should have happened before the Leave India Notice was issued.

Speaking directly to Khan, Chief Justice Tripathi said: “You have to give a categorical undertaking that you will not participate in any such agitation because it is not available to the OCI card(holders). You cannot behave like an Indian citizen… because you are not even remotely affected to that cause. Therefore, you had no right at all to participate in this.”

He continued: “You had no role at all in the agitation of SIR (Special Intensive Revision of electoral rolls). You are not even remotely concerned with that…You cannot be put at par with Indian citizens. (An) unconditional apology has to be there if you have made certain statement inadvertently. That’s all and it would suffice, and we accordingly can direct the State to have some lenient approach.”

Court Draws A Line Between Citizens And OCI Holders

The bench noted that “prima facie, there can be no quarrel with the proposition that the rights of an OCI cardholder and an Indian citizen operate in distinct and different spheres.” It also pointed out that Khan’s OCI document, issued in December 2025, listed his occupation as “searching for job.”

The judges added, “The State, in exercise of its sovereign functions, would have the right to deport a person out of India in a given case.” The court asked the Centre to submit an affidavit clarifying this point further and stating its official position.

Apology Alone Is Not Enough, Says Bench

The bench clarified that “mere tendering of an unconditional apology… is not a green signal for you (Khan) to venture (into) all these things.” It added, “This activity is permissible in USA, where you can go and cast your vote too, but so far in India, you have to abide with the law and order. Because it’s a very serious matter. Would an Indian doing this in another country be permissible?”

Chief Justice Tripathi also asked Khan a personal question. “Since your childhood, you are here in India, (you) work here, why don’t you accept Indian citizenship? You are a celebrity, young generation and everyone knows you. See the magnanimity of the country that, despite you being a US citizen, all recognition and employment is from India, in Maharashtra. You are a very responsible and highly educated person with pan-India following, and come from a good family. You cannot say that you were having no idea of the consequences.”

Centre’s Lawyer Opposes Leniency

Additional Solicitor General (ASG) Anil Singh represented the FRRO in court. He argued that accepting an undertaking would create a wrong precedent. He said the Centre holds “unfettered rights to deport the petitioner.” However, the bench maintained that Khan should have received a chance to present his side earlier.

Chief Justice Tripathi told Singh, “OCI cardholders cannot be put at parity with Indian citizens. They are at the mercy of the sovereign, and they have no right at all to stay here and criticise the country. This cannot be tolerated… Even though you (FRRO) have complete power, but you acted in a certain situation, and once it (the situation) goes, your decision would be different. So, for a person who is here for last so many years… we have to be Vasudhaiva Kutumbakam (the world is one family). You have to show a big heart.”

Dhond expressed hope that the court’s approach would help Khan’s case. “Hopefully, the apology and undertaking will persuade ASG Singh,” he said. He also pointed out that Khan never received a hearing before the Leave India Notice was served on him.