The 43-year-old actor, a United States national holding an Overseas Citizen of India (OCI) card, had been served an order directing him to exit the country on or before October 28, 2026. The notice followed his brief detention near Mumbai's August Kranti Maidan during a protest earlier this month.
During Tuesday afternoon's urgent hearing, after Solicitor General Tushar Mehta—appearing on behalf of the Union of India—sought time to respond, the bench directed that the exit order remain suspended and recorded an assurance that no coercive action or deportation steps will be initiated against Khan until the next date of hearing.
What Transpired in Court: Assurance of No Coercive Action
The matter was taken up on priority given that the October 28 deadline set by the FRRO was less than 24 hours away:
The Centre's Request for Time: Appearing for the Central Government, Solicitor General Tushar Mehta requested brief time to file a formal reply detailing the materials that led to the administrative notice.
Interim Stay Granted: The High Court agreed to defer substantive arguments to Monday, November 2, at 3:00 PM, while expressly keeping the FRRO directive in abeyance in the interim.
The Safeguard: With the court recording the Centre's assurance, the threat of immediate deportation or detention under Section 29 of the Foreigners Act stands averted through early next week.
The Genesis: October 10 Protest & The Gamdevi FIR
The controversy stems from an incident on October 10 near August Kranti Maidan:
The Gathering: Civil society groups had assembled to demand the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
The Detention: Imran Khan—along with his partner Lekha Washington and cousin Zayn Marie Khan—was detained near the perimeter by Mumbai Police, taken to the Yellow Gate Police Station, and subsequently released.
The FRRO Action: Days later, an FIR was registered at Gamdevi Police Station under provisions of the Bharatiya Nyaya Sanhita (BNS). The FRRO subsequently issued a notice ordering Khan to exit India by October 28 and issued a show-cause notice questioning why his OCI registration should not be revoked.
Imran Khan's Petition: Natural Justice & OCI Rights
Represented by senior advocate Venkatesh Dhond, Khan’s writ petition argues that the administrative action is disproportionate and violates fundamental procedural safeguards:
Bystander, Not Organizer: The petition emphasizes that Khan was neither an organizer nor an active participant in the demonstration. He had merely walked over to observe the commotion in his neighborhood when media personnel swarmed him, leading to the preemptive police detention.
Violation of Natural Justice: The plea highlights that the FRRO ordered his expulsion without issuing a prior show-cause notice on the departure order itself or providing an opportunity of being heard.
Premature Sanction: The petition points out that no chargesheet has been filed, nor have any criminal charges been framed against him in connection with the Gamdevi FIR.
Impact on Diaspora Confidence: The petition notes that using statutory immigration powers to penalize a public figure for mere presence near a civic assembly risks undermining the confidence of the Indian diaspora holding OCI cards.
Legal Take:
The Bombay High Court’s intervention averts an immediate diplomatic and legal standoff. The substantive hearing on November 2 will test the extent of executive discretion under Section 29 of the Foreigners Act versus the constitutional and statutory procedural protections afforded to Overseas Citizens of India living and working domestically.
