Bollywood actor Imran Khan, a US citizen and Overseas Citizen of India (OCI) cardholder, tendered an unconditional apology before the Bombay High Court on 2 November 2026 for participating in a protest against Chief Election Commissioner Gyanesh Kumar. The court observed that OCI cardholders do not possess the same rights as Indian citizens, specifically the right to protest, and required Khan to submit an undertaking that he would refrain from future protests. The court has kept the 'Leave India Notice' against him in abeyance until 7 December 2026.
According to Bar and Bench, the Bombay High Court clarified that OCI cardholders cannot claim the right to participate in protests, distinguishing their rights from those of Indian citizens. The court’s observations came during the hearing of Khan’s plea challenging the notice issued by the Foreigners Regional Registration Office (FRRO), which directed him to leave India for his involvement in the protest.
As reported by Live Law, the bench led by Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna heard submissions from both Khan’s counsel and government representatives. The court required Khan to file an unconditional apology and an undertaking not to participate in future protests, while extending the suspension of the Leave India notice until he could formally respond.
As highlighted by The Indian Express, Khan was issued the notice after being detained at a protest in Mumbai on 10 October 2026. The protest was related to the Special Intensive Revision (SIR) of electoral rolls, and the notice was based on allegations that Khan had violated OCI rules and visa conditions by participating in a political demonstration as a foreign national.
Coverage revealed that Khan argued he had not organised or actively participated in the protest, stating he was present near the location and left when asked by police. He also highlighted his long-term residence in India and challenged the notice as arbitrary and disproportionate.
“The court observed that OCI cardholders are ‘at the mercy of the country’ and cannot claim the same rights as Indian citizens,” the bench stated during proceedings.
In the hearing, officials emphasised that the right to protest is a fundamental right reserved for Indian citizens. The court noted that India’s approach was lenient, as Khan was issued a notice rather than being deported immediately, and accepted his counsel’s undertaking that he would not participate in future protests.
The court’s remarks were echoed following statements that the right to protest is not extended to foreign nationals, including OCI cardholders. The bench reiterated that Khan’s apology and undertaking were necessary conditions for the continued suspension of the Leave India notice.
“Suppose you have participated inadvertently etc then you need to apologise; without such unconditional apology we will not accept your undertaking... Because you are not even remotely affected by SIR... You have no business there... You need to understand that you as an OCI Card holder aren't at par with Indian citizens...” the court orally remarked.
During the proceedings, analysis showed that the court sought clarification on Khan’s reasons for attending the protest and questioned whether he had any association with the organisers. Khan’s counsel maintained that he had no such association and would comply with the court’s directives.
The court’s decision to keep the notice in abeyance as details emerged allows Khan to remain in India pending further hearings, provided he adheres to the undertaking and refrains from future protests.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.