Mumbai Police: Imran Khan OCI Protest Violates Immigration Foreigners Act

• Mumbai Police ordered American citizen and OCI cardholder Imran Khan to leave India by October 28.
• The directive was issued under the Immigration and Foreigners Act, 2025, after Khan participated in an October 10 protest.
• Foreign nationals, including OCI cardholders, are legally prohibited from engaging in political protests or activities on Indian soil.
• The protest, which led to approximately 400 detentions, called for the resignation of Chief Election Commissioner Gyanesh Kumar.
• Former BJP MP Kirit Somaiya filed a complaint questioning Khan's right as a foreign national to participate in political agitation.

Foreign nationals, regardless of their OCI status or personal motivations, are expected to adhere strictly to the legal prohibitions against engaging in political activities on Indian soil.

Mumbai Police have issued a directive to actor Imran Khan, an American citizen holding an Overseas Citizen of India (OCI) card, mandating his departure from India by October 28. This action stems from his participation in a protest held on October 10 in Mumbai. The demonstration, which took place at August Kranti Maidan, was organized to demand the resignation of Chief Election Commissioner Gyanesh Kumar, citing alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

During the protest, which was reportedly linked to the Cockroach Janta Party (CJP), Khan was among approximately 400 individuals who were detained by authorities. He was taken into custody alongside his partner, actor Lekha Washington, and Zayn Marie Khan, though all were subsequently released. Khan himself shared an image from inside a police vehicle, humorously remarking that he was "going for a drive," while Zayn Marie Khan later alleged in a video that she had been manhandled by police during her detention, displaying bruises she claimed to have sustained.

The notice served to Imran Khan by the Mumbai Police, following an intervention by the Foreigners Regional Registration Office (FRRO), invokes the Immigration and Foreigners Act, 2025. This legislation explicitly prohibits foreign nationals from engaging in political protests or activities while on Indian territory. Officials have underscored that further administrative procedures are currently in progress concerning this matter.

Khan's status as an OCI cardholder is central to the legal implications. The OCI status, introduced in 2005, is granted to individuals of Indian origin who possess foreign citizenship. Crucially, an OCI card does not confer Indian citizenship; holders remain foreign nationals. While OCI cardholders benefit from privileges such as a lifelong, multiple-entry visa and certain advantages related to education, property ownership, and specific professional endeavors, these are always subject to applicable regulations and do not extend to political participation.

The Immigration and Foreigners Act, 2025, provides the legal framework for such actions. Specifically, Section 7 of the Act grants the Central Government broad authority to regulate, restrict, or entirely prohibit the entry, departure, presence, or movement of foreigners within India. Furthermore, Section 29 of the same Act empowers the Central Government to order the "removal of a foreigner from India" if they are found to be in contravention of the law, its associated rules, or any orders issued thereunder, or if an adverse security report is received.

The police action against Khan was initiated after a complaint was lodged by former BJP Member of Parliament Kirit Somaiya. Somaiya publicly questioned Khan's eligibility to participate in political agitation as a foreign national, emphasizing that Khan, despite being born and educated in the United States, earns his livelihood in India. Somaiya had urged the Mumbai Police to verify Khan's citizenship status and sought a report on the duration of his US citizenship, subsequently expressing gratitude to the authorities for their response.

This incident highlights India's stringent stance on the involvement of foreign nationals, including OCI cardholders, in domestic political affairs. Despite Imran Khan's assertion at the protest that he was participating as a concerned resident of the city, worried about restrictions on movement and speech, authorities maintain that his foreign national status precludes such involvement. The case serves as a clear demonstration that OCI status, while offering significant benefits, does not grant immunity from the laws governing foreign nationals' political conduct.

The directive for Khan to leave the country by October 28 underscores the serious consequences that can arise from perceived breaches of these regulations. It reinforces the principle that foreign nationals, regardless of their OCI status or personal motivations, are expected to adhere strictly to the legal prohibitions against engaging in political activities on Indian soil. This enforcement action sets a precedent for how India intends to manage the political participation of its non-citizen residents.

Lawyers advising foreign nationals or OCI cardholders in India must counsel clients on the strict prohibitions against participating in political protests or activities, as demonstrated by the Mumbai Police's action under the Immigration and Foreigners Act, 2025, which can lead to removal from the country. Compliance officers should ensure foreign employees are aware of these restrictions to avoid legal repercussions.

Source: Original reporting via news updates