Actor Imran Khan, a US citizen with an Overseas Citizen of India (OCI) card, has been told to leave India by 28 October 2026 after joining a Mumbai protest. His case raises questions about OCI cardholder rights and the government’s power to remove foreign nationals.
His lawyers plan to challenge the notice in the Bombay High Court. No court has established the alleged immigration violation. An exit direction is also different from cancelling OCI registration.
Key Highlights
- The Mumbai FRRO has ordered Imran Khan to depart by 28 October 2026.
- The notice invokes Sections 7(2)(c) and 29 of the Immigration and Foreigners Act, 2025.
- OCI status permits long-term residence and employment but is not Indian citizenship.
- The 2021 OCI notification does not expressly identify political protests as an activity requiring special permission.
- Khan is expected to contest the departure order in court.
Why Was Imran Khan Asked to Leave India?
On 10 October, Khan joined a demonstration near Mumbai’s August Kranti Maidan demanding Chief Election Commissioner Gyanesh Kumar’s resignation. Police detained him alongside other protesters. BJP leader Kirit Somaiya later complained about his participation as a foreign national, an Indian Express report stated.
The sequence is significant:
- 10 October: Khan participated in the protest in Mumbai.
- 14 October: The Foreigners Regional Registration Office issued the departure notice, according to reports citing the document.
- 28 October: The stated deadline for Khan to leave India unless authorities alter the direction or a court intervenes.
A proposed court challenge is not a ruling in Khan’s favour.
What Rights Do OCI Cardholders Have in India?
Despite its name, OCI is not dual Indian citizenship. Holders retain foreign nationality and passports. The scheme began in December 2005, according to the official OCI portal.
Some privileges are substantial:
- Entry and residence: A lifelong, multiple-entry visa and exemption from routine FRRO registration regardless of length of stay.
- Work: Employment in India without a separate employment visa, subject to applicable professional rules.
- Property: Purchase and sale of eligible residential or commercial property, but not agricultural land, farmhouses or plantations.
- Education: Eligibility for specified entrance tests and NRI or supernumerary seats, not seats reserved solely for Indian citizens.
Normally, resident OCI holders must notify the FRRO or FRO about changes in permanent address or occupation. They cannot vote, contest legislative elections, or hold specified constitutional offices, as the Ministry of External Affairs explains.
Can OCI Cardholders Join Political Protests?
The law offers no blanket yes-or-no answer.
Article 19’s express guarantees of speech and peaceful assembly apply to citizens. The 2021 OCI notification requires prior permission for journalism, research, missionary work, mountaineering, certain diplomatic assignments, and restricted-area visits. It does not explicitly list political demonstrations.
The Immigration and Foreigners Act, 2025 likewise contains no blanket ban on foreigners attending protests. Authorities can still restrict activities through orders. Whether the specific action against Khan is lawful remains contested.
In 2020, the Calcutta High Court quashed a departure notice against a Polish student who attended an anti-CAA rally. That ruling involved an earlier law and does not decide Khan’s case.
Can India Deport an OCI Holder or Cancel Their Card?
Section 7(2)(c) permits an order requiring a foreigner to leave India. Section 29 authorises removal for legal breaches or an adverse security report. A September 2025 Home Ministry notification delegates these powers to FRROs.
A departure notice is not OCI cancellation. The latter follows Section 7D of the Citizenship Act, including a right to be heard. Khan’s notice concerns departure, not confirmed cancellation.
The immediate legal options are different:
- Seek reconsideration or withdrawal of the FRRO notice.
- Challenge its legality before the High Court under Article 226 and request interim protection.
- Comply with the departure deadline if no authority changes the order and no court grants relief.
Articles 14 and 21 protect foreign nationals too. Whether those safeguards affect Khan’s notice awaits judicial examination. OCI holders can consult the official portal about permissions and obligations.
Can OCI cardholders vote in Indian elections?
No. OCI registration does not confer voting rights, eligibility to contest parliamentary or state assembly elections, or access to several constitutional offices reserved for Indian citizens.
Can an OCI holder buy a flat in India?
Yes. Eligible residential and commercial property can be bought or sold, subject to applicable rules. Agricultural land, farmhouses and plantation property are excluded from OCI permissions.
Does an OCI cardholder need to register with the FRRO?
Routine registration is not required, irrespective of stay duration. However, normally resident OCI holders must report changes in permanent address or occupation to the relevant office.
Can an OCI holder apply for Indian citizenship?
The government permits eligible adults to apply after five years as registered OCI holders and ordinarily residing in India for twelve months immediately before applying, subject to conditions.
Does a departure notice automatically revoke OCI status?
No. An immigration departure direction and cancellation under Section 7D are legally distinct. The consequences depend on the exact notice, applicable orders, and subsequent proceedings.
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