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Actor Imran Khan has reportedly been asked to leave India by October 28 (Img: Pinterest / X )
Mumbai : Actor Imran Khan has reportedly been directed to leave India by October 28 after participating in a protest demanding the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar. The development has brought the rights and restrictions applicable to Overseas Citizens of India (OCI) cardholders into focus, particularly their involvement in political demonstrations.
The Foreigners Regional Registration Office (FRRO) in Mumbai reportedly issued the notice following a complaint by BJP leader Kirit Somaiya, who questioned Khan's participation in the protest despite his reported American citizenship. The actor was among hundreds of people detained during the October 10 demonstration at Mumbai's August Kranti Maidan.
Introduced in 2005, the Overseas Citizenship of India scheme allows eligible foreign nationals of Indian origin to access certain privileges while visiting or residing in India.
Despite its name, an OCI card does not grant Indian citizenship or dual citizenship. Holders remain foreign nationals and must travel on their foreign passports.
According to the Ministry of External Affairs (MEA), OCI cardholders generally receive a lifelong, multiple entry visa to India and exemption from registration with the FRRO or Foreigners Registration Office (FRO), subject to applicable rules. Certain activities may require prior government permission.
OCI cardholders enjoy specified benefits comparable to those available to Non-Resident Indians (NRIs) in certain economic, financial and educational matters, subject to applicable laws.
However, they cannot vote in Indian elections, contest parliamentary or state legislative elections, or hold constitutional posts reserved for Indian citizens. They are also generally ineligible for government employment, subject to specified exceptions.
OCI holders face restrictions on purchasing agricultural land, farmhouses and plantation properties.
The question has gained attention following Khan's participation in the Mumbai demonstration. Indian citizens enjoy fundamental rights under Article 19 of the Constitution, including freedom of speech and peaceful assembly, subject to reasonable restrictions. These specific protections are guaranteed to citizens, not foreign nationals in the same manner.
However, this distinction does not automatically make every instance of a foreign national attending a protest illegal. The legality of participation depends on the applicable laws, visa conditions and circumstances of the event.
The Citizenship Act, 1955, permits OCI registration to be cancelled on specified grounds, including fraud, certain unlawful conduct and considerations involving national security, sovereignty or public interest.
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OCI status also does not provide an unconditional right to remain in India. Authorities may take action against foreign nationals under applicable immigration laws.
In Khan's case, the legal grounds cited in the reported notice and any challenge he may pursue will be important in determining the next steps.
The notice follows Somaiya's complaint over Khan's participation in the October 10 protest, which sought Gyanesh Kumar's resignation over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
The case has renewed debate over OCI privileges, political participation by foreign nationals and the powers of immigration authorities. The specific legal provisions invoked will be central to assessing the action against the actor.
