The fight over actor Imran Khan's right to stay in India has moved to court. The 43-year-old actor filed a petition in the Bombay High Court on Saturday, October 17, challenging a Mumbai Police notice that asks him to leave the country by October 28 — a directive linked to his brief detention during a protest at Mumbai's August Kranti Maidan on October 10. We reported on October 15 that the FRRO had issued the leave-India notice; the new development is that Khan has gone to court against it — and that the FRRO has separately sent him a show-cause notice asking why his OCI status should not be cancelled.
File photo: Actor Imran Khan, a US citizen and OCI cardholder. He has moved the Bombay High Court against a notice directing him to leave India by October 28. Image: TeachAIDS, CC BY-SA 2.0, via Wikimedia Commons.
Imran Khan Bombay High Court petition: what it says
Khan's petition, filed through advocate Zulfiquar Memon and MZM Legal, asks the court to quash the Mumbai Police notice and grant an interim stay on its operation. The core of his argument is simple: no provision under existing law or statutory rules bars an OCI cardholder from taking part in a peaceful protest.
His lawyer argued that a show-cause notice should have been issued before the Mumbai Police served what he called the "abrupt and arbitrary" Leave India Notice. The petition itself stated that "the notice has been issued without disclosing any reasons, supporting material, or specific statutory contravention. It was issued without inquiry, a show-cause notice, or any opportunity for the Petitioner (Khan) to respond to the alleged violations."
According to The Week, the petition also argued that the FRRO did not specify Khan's alleged violation and urged the court to direct the FRRO to produce the records on which its decision was taken.
FRRO show-cause notice on OCI status
Alongside the court filing came a second blow: the FRRO has issued Khan a show-cause notice asking why his Overseas Citizen of India status should not be cancelled. For a US citizen of Indian origin, OCI status is the legal basis for living in India long-term — losing it would be far more consequential than a single departure order.
Khan's legal team is expected to mention the petition for an urgent hearing — expected on Monday — before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.
File photo: The Bombay High Court building in Mumbai, where Imran Khan's petition is expected to be mentioned for an urgent hearing. Image: Udaykumar PR, CC BY 3.0, via Wikimedia Commons.
Why the notice was issued
The police action follows the brief detention of Khan and his wife on October 10 during a protest at Mumbai's August Kranti Maidan. The demonstrators had gathered in solidarity with a protest by the Cockroach Janta Party (CJP) in Delhi, which was demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
Officials said the departure notice was issued under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act. Under Section 7(2)(C), the government can direct a foreign national not to remain in India or in a specified area. Section 29 provides for removal in cases involving violations of the Act, its rules or orders, or an adverse security report.
Khan, the nephew of actor Aamir Khan, has been asked to leave India by October 28. If he fails to do so, authorities may initiate deportation proceedings under Section 29.
File photo: August Kranti Maidan in Mumbai, where Khan was briefly detained during the October 10 protest. Image: Karthikndr, CC BY-SA 3.0, via Wikimedia Commons.
What the case could decide
This case goes beyond one actor's visa status. OCI cardholders — foreign nationals of Indian origin with lifelong visa rights — have always lived under some ambiguity about how far their right to public dissent extends. If the High Court rules on whether an OCI holder can join a peaceful protest without risking their immigration status, the judgment could set an important precedent for millions of OCI cardholders worldwide.
The court will also weigh the procedural complaint at the heart of the petition: that the notice arrived without reasons, supporting material, or any chance to respond. If the court agrees the process was flawed, the notice could be stayed or quashed regardless of the underlying allegations.
Why it matters
The timing gives the case extra weight. Khan was detained alongside demonstrators during one of the most politically charged protest waves in Mumbai this year, and the CJP agitation that prompted it has dominated Delhi headlines for days. A court ruling on the leave-India notice will land squarely in that political moment — and the FRRO's separate move against his OCI status means even a favorable court order on the departure notice may not end Khan's troubles.
What happens next
Khan's legal team is expected to seek an urgent hearing before the division bench led by Chief Justice Tripathi. If the court grants an interim stay, the October 28 deadline would be frozen while the case is heard. The actor must also answer the FRRO's show-cause notice on his OCI status — a parallel front that could matter even more for his future in India.
Key Takeaways
- Actor Imran Khan, a US citizen and OCI cardholder, has moved the Bombay High Court against a Mumbai Police notice directing him to leave India by October 28.
- The petition, filed Saturday through advocate Zulfiquar Memon and MZM Legal, calls the notice "illegal, perverse, drastic and bad in law."
- The FRRO has separately sent Khan a show-cause notice asking why his OCI status should not be cancelled.
- The notice stems from his brief detention during an October 10 protest at Mumbai's August Kranti Maidan, held in solidarity with Delhi's CJP agitation.
- The departure order was issued under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act; the petition argues no law bars OCI holders from peaceful protests.
- An urgent hearing is expected before a division bench led by Chief Justice Mahesh Chandra Tripathi; if Khan fails to leave by October 28, deportation proceedings could follow.
Frequently Asked Questions
Why has Imran Khan been asked to leave India?
Mumbai Police issued him a notice directing him to leave India by October 28 over his alleged participation in a political protest at August Kranti Maidan on October 10. Officials said the notice was issued under Sections 7(2)(C) and 29 of the Immigration and Foreigners Act, 2025.
What did Imran Khan's Bombay High Court petition argue?
The petition, filed through advocate Zulfiquar Memon and MZM Legal, contends that no provision under existing law or statutory rules bars OCI cardholders from participating in peaceful protests. It described the notice as "illegal, perverse, drastic and bad in law" and sought its quashing along with an interim stay.
What is the FRRO show-cause notice about?
The FRRO has sent Khan a show-cause notice asking why his Overseas Citizen of India (OCI) status should not be cancelled. This is separate from the Mumbai Police departure notice — OCI status is the legal basis for his long-term stay in India, so its cancellation would be a more serious consequence.
When did Imran Khan file the petition?
The petition was filed on Saturday, October 17, 2026. His lawyers said it is expected to be mentioned for an urgent hearing before a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.
What happens if Imran Khan does not leave by October 28?
According to officials cited by Deccan Herald, if Khan fails to leave India by October 28, authorities may initiate deportation proceedings against him under Section 29 of the Immigration and Foreigners Act.
What was the October 10 protest about?
Khan was briefly detained during a protest at Mumbai's August Kranti Maidan held in solidarity with a Cockroach Janta Party (CJP) demonstration in Delhi, which was demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls.
Is Imran Khan related to Aamir Khan?
Yes. Imran Khan is the nephew of Bollywood actor Aamir Khan, is 43 years old, and holds an OCI card alongside his US citizenship.
Sources
- Deccan Herald — "'Leave India': Imran Khan moves Bombay HC against 'illegal, bad in law' notice by Mumbai police; FRRO issues him show-cause notice," updated Oct 17, 2026, 19:55 IST. Read report
- The Week — "Actor Imran Khan moves Bombay HC, seeks stay on order to leave India by Oct 28 over anti-CEC protest," Oct 17, 2026. Read report
Read also: Imran Khan Leave India Notice: Actor Told to Exit by Oct 28 (October 15) | CJP Founder Abhijeet Dipke Released on Bail in Delhi | CJP Tiranga March: 150 Detained, Dipke Held in Delhi
By GlobalDeskNews Staff | 17 October 2026