Why was Imran Khan asked to leave India by October 28? Legal provisions applicable to the OCI cardholder explained

Mumbai police have given Bollywood actor Imran Khan, a US citizen, notice to leave India by October 28 for allegedly violating provisions of the Immigration and Aliens Act, officials said on October 15.

The event follows the actor’s participation in an agitation in Mumbai August Kranti Maidan 10 October where protesters demanded the resignation of the Chief Election Commissioner (CEC) Gyanesh Kumar.

Read also | Mumbai police ask Imran Khan to leave India by October 28

Police briefly detained Khan during the demonstration.

Imran Khan, 43, who has acted in several Bollywood films, is a nephew superstar Aamir Khan. Former BJP MP Kirit Somaiya, who had sought action against Imran Khan after he took part in the protest, welcomed the police notice against him.

“Imran Khan holds a foreign citizenship and is not an Indian national. As per the relevant provisions of the Aliens Act/Immigration Act, foreign nationals are prohibited from participating in political protests or political activities in Indian territory,” a police official was quoted as saying by the news agency report.

The actor was born and educated in the US but earned his living in India by “participating in political and diplomatic activities against the government”, the BJP leader said.

He was served with a formal notice ordering the actor to leave the country by October 28 and received a copy of it, police said. Other administrative proceedings are ongoing, they added.

What does the law say?

A notice was issued to Imran Khan under Sections 29 and 7 of the Immigration Act over allegations that he participated in the protest despite not being an Indian citizen.

Section 7 Immigration and Aliens Act, 2025 confers power on the Central Government to regulate, restrict or prohibit the entry, movement, presence or departure of foreigners in India.

§ 29 authorizes central government to order the deportation of a foreigner for violating the law or because of adverse security reports, to authorize officials to enforce deportation and to recover costs from a natural person

“The Central Government may, by general or special order, order the removal of an alien from India for contravening any of the provisions of this Act or any rule or order made thereunder, or an adverse security report, and thereunder every Government officer shall have all reasonable powers necessary to enforce such directions,” the section reads.

What is an OCI scheme?

The The OCI system was introduced in 2005 for eligible persons of Indian origin who hold foreign citizenship. Possession of an OCI card does not imply Indian citizenship.

OCI cardholders are essentially foreign nationals who enjoy certain privileges, including lifetime multiple-entry visa to India, subject to applicable rules.

Read also | CJP’s lawyer says Saurav Das, Ashutosh Ranka, Ajinkya Shinde ‘arrested’

OCI cardholders also have other benefits related to education, property and some professional activities. OCI cardholders cannot vote in Indian elections, participate in elections to parliament or state legislatures, or claim other political rights reserved for Indian citizens.

The rights and restrictions applicable to OCI cardholders are set out in the document Citizenship Act, 1955as well as in the rules and notifications issued by the Centre.

Can OCI cardholders participate in protests?

The OCI rules do not specify whether a holder can participate in a public protest in India. However, this does not mean that the OCI card holder is allowed to participate in protests in India.

Under Section 7B of the Citizenship Act, OCI cardholders are not entitled to certain rights available to Indian citizens. However, according to experts, restrictions on voting and elected positions do not mean that participation in the protest is illegal.

Can an OCI card holder be arrested or deported?

The OCI cardholder remains a foreign national and is subject to Indian laws governing foreigners and immigration.

Section 7D of the Citizenship Act provides for revocation OCI registration for specified reasons. The law includes grounds relating to sovereignty and security, among others.

A complaint to the police or an allegation of a visa violation does not necessarily mean that an offense has been committed or that deportation is warranted.

In May last year, Nitasha Kaul, a British Kashmiri professor of politics and international relations at London’s University of Westminster, claimed that her OCI was canceled by Indian authorities for alleged “anti-Indian activities”.

Kaul was accused of “numerous hostile writings, speeches and journalistic activities in various international forums and social media platforms” targeting “India and its institutions in matters of Indian sovereignty,” news agency PTI said at the time.