The Bombay High Court will hear on October 26 a petition filed by actor Imran Khan, a US citizen and Overseas Citizen of India (OCI) cardholder, challenging a Mumbai Police notice directing him to leave India by October 28 for allegedly attending a political protest, reported the PTI.
A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna fixed the hearing date on Monday after senior counsel Venkatesh Dhond, appearing for Khan, sought an urgent hearing, the news agency reported.
Additional Solicitor General Anil Singh, representing the Union government, sought time to respond, stating that he had received a copy of the petition only on Monday morning.
Dhond requested an earlier hearing, pointing out that the police notice required Imran Khan to leave the country by October 28. The court, however, scheduled the matter for October 26 and directed Khan to add the Maharashtra government as a respondent.
Lawyer says actor has no criminal antecedents
During the hearing, the court asked whether any other criminal cases were pending against Khan. Dhond replied that there were none.
“He has no criminal antecedents and no case filed or pending against him. He has been living in India since he was two years old,” Dhond told the court, according to the PTI.
The lawyer also submitted that Khan had not attended the protest and had been detained by police when he was only halfway there, before being released.
Actor challenges police notice
Khan approached the High Court on October 17, seeking to quash the notice directing him to leave India. His petition describes the notice as “illegal, arbitrary, perverse and drastic”, as per the PTI.
Filed through advocate Zulfiquar Memon and MZM Legal, the plea alleges that the police acted without properly applying their mind and arbitrarily targeted Khan because he is a public figure.
The actor has sought a stay on the notice while his petition is pending and requested that the authorities be restrained from taking coercive action against him.
The plea argues that the notice was issued without disclosing reasons or supporting material and without giving him an opportunity to respond to the alleged violations.
FRRO issues show-cause notice over OCI status
Khan has also received a show-cause notice from the Foreigners Regional Registration Office (FRRO), asking him to explain why his OCI status should not be revoked, according to his lawyer.
The 43-year-old actor was briefly detained during a protest at Mumbai's August Kranti Maidan on October 10. The demonstration was organised in solidarity with protests by the Cockroach Janta Party in Delhi, which has been demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
Khan has claimed that he had no association or affiliation with any organisation involved in organising the protest.
Police cite Immigration and Foreigners Act
According to police, the departure notice was issued under Sections 7(2)(c) and 29 of the Immigration and Foreigners Act.
Section 7(2)(c) empowers the government to regulate or restrict a foreign national's presence in India or in a specified area. Section 29 provides for the removal of a foreign national in circumstances covered by the Act, including certain violations of its provisions or orders.
Khan, the nephew of Bollywood actor Aamir Khan, was directed to leave India on or before October 28. The police notice states that deportation proceedings may be initiated under Section 29 if he fails to comply.
The High Court is scheduled to hear Khan's challenge on October 26, two days before the deadline stated in the notice.
(with PTI inputs)
0 Comments