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The Process is the Punishment: Why Imran Khan's 'Leave India' Notice is Illegal

The government bets a weak legal case will still succeed, as getting it overturned is slow, costly and exhausting.

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The 'Leave India' notice issued to actor Imran Khan by the Foreigners Regional Registration Office in Mumbai is illegal, and the government knows it.

The notice is issued under Section 29 and read with Section 7(2)(c) of the Immigration and Foreigners Act, 2025. These sections give the government the power to “remove” a foreigner from India in two specific circumstances: by violation of the Foreigners Act 2025 (or rules or orders made under it), or by receiving an “adverse security report”

The precursor to Section 29 of the Foreigners Act was the colonial-era Passport (Entry Into India) Act, 1920. Specifically, Section 5 of the Passport Act, 1920, allows the government to remove any foreigner who has entered India in violation of the Passport Act or rules made under it.

What the 2025 legislation does is introduce a new ground for the removal of foreigners—“an adverse security report.” This is a new term that has been introduced in the 2025 law for the first time. No other law defines what an “adverse security report” is or who is authorised to give such a report.
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