Actor Imran Khan’s central argument is that an OCI cardholder is “not an ordinary foreigner” and that his status cannot be curtailed without a reasonable opportunity of being heard.
Actor Imran Khan, in his challenge to a Leave India Notice, has told the court that he went near Mumbai’s August Kranti Maidan on October 10 only “being curious about what was happening on the ground as far as student protesters were concerned”.
When police told him the area was restricted, his “curiosity ended”, and he complied with the directions “and proceeded towards his parked vehicle”, reads his writ petition in the Bombay High Court against the notice directing him to leave the country by October 28.
It argued that Khan, an American citizen, was detained only after media reporters surrounded him and there was commotion.
The protest was part of an ongoing wave of demonstrations mainly in New Delhi and other places like Mumbai over alleged electoral fraud by the ruling BJP “in collusion” with the Election Commission. Both the EC and BJP have rejected the allegations.
‘Resident Of India Since Age 2’
Imran Khan, known mainly for his role in the 2008 romcom ‘Jaane Tu… Ya Jaane Na’, has said in his petition that no protest as such was being held when he came to the spot. A US citizen by birth, he has been a resident of India since the age of 2 and holds an Overseas Citizen of India (OCI) card, the petition stresses.
India does not allow full dual citizenship.
Foreign citizens are not allowed to participate in political activity in India, though OCI-holders otherwise are given greater rights, such as limitless stay and the right to own property, among others.
Imran Khan’s mother Nushat Khan, a psychologist who lives in Mumbai, is a daughter of director-producer Nasir Hussain and a cousin of superstar actor Aamir Khan. His father, Anil Pal, is a software engineer based in the US, where Imran was born in 1983.
Another argument in the petition is that he was not issued a show-cause notice before being asked to leave. However, after the petition was filed, the Foreigners Regional Registration Office (FRRO), Mumbai, did issue him one. His lawyer then told NDTV: “We are currently examining the contents of the show-cause notice… We will take this point up before the court when the matter comes up for hearing.”
He has argued in the petition that the Leave India Notice was “arbitrary”, gave no reasons, and was passed without a hearing.
What Happened That Day, As Per Imran Khan
The petition explains what happened on the day he was detained. It says Imran Khan travelled with his family via the Bandra-Worli Sea Link at around 4.30 pm and reached the vicinity of Nana Chowk around 5 pm. He found the road to the maidan barricaded and asked police about the closure, since “apart from police personnel and members of the media, no protesters were present at the location”, it says.
“[Khan] has no association, affiliation or connection whatsoever with any organization or institution involved in organizing or mobilising the protest,” the petition adds.
Media personnel recognised him as he walked back to his car, it says, and quotes his remarks to a news agency: “I don’t have demands. I am here as a citizen, as a person who lives in this city. I am here to see why the freedom of movement is being restricted, why people’s voices are being oppressed and suppressed.”
At about 5.19 pm, police “suddenly and in an unprovoked manner” detained him and his family and later took them to Yellow Gate police station, and he was later allowed to leave.
The Gamdevi area police registered an FIR that night, naming Khan among the accused. The petition challenges the FIR’s allegation that the accused, including Imran Khan, gathered at the maidan at 3:30 pm and incited a crowd of 350-400, which “appears to be not factually correct”.
