Bollywood actor Imran Khan on Saturday moved the Bombay High Court seeking stay on a Mumbai Police notice, asking him to leave the country by October 28 over his participation in the anti-CEC protests.
Khan, who is a United States citizen and an Overseas Citizen of India (OCI) cardholder, filed the petition through his lawyer, Zulfiquar Memon.
The petition referred to the departure order as "drastic", arguing that no provision under the current law bars an OCI cardholder from taking part in a peaceful protest. He also argued that the Foreigners Regional Registration Office (FRRO) did not specify his alleged violation and urged the court to direct the FRRO to produce records on which its decision was taken.
Khan and his wife were briefly detained during a protest at the August Kranti Maidan in Mumbai on October 10, seeking resignation of Chief Election Commissioner Gyanesh Kumar over alleged SIR irregularities.
Officials had earlier revealed that Khan was issued notice under provisions of the Immigration and Foreigners Act. One of the provisions invoked was Section 7(2)(C), which allows the government to prohibit, regulate, or restrict the presence or continued presence of any foreigner, specifically empowering officials to order that an individual "shall not remain in India or in any specified area therein."
The notice also invokes Section 29 which permits the government to direct the removal of a foreign national for contravening any provisions, rules, or orders of the Act, or pursuant to an adverse security report. The section equips law enforcement officers with all reasonable powers necessary to enforce the directive.
If the Bollywood actor fails to leave the country by October 28, the authorities have the power to deport him under Section 29.
The petition will be mentioned for an urgent hearing on Monday.
