Imran Khan files legal notice to ‘Quit India’ over OCI: Who is OCI? what are the rights | Today’s news
Bollywood actor Imran Khan will challenge the legal summons issued to him to leave the country by October 28. According to PTI, Khan is likely to file a case in the Bombay High Court by Friday or Monday for alleged violation of the Immigration and Foreigners Act. The controversy stems from Khan’s participation in protests against Chief Election Commissioner (CEC) Gyanesh Kumar in Mumbai.
Imran Khan’s OCI status is in dispute over his participation in the anti-CEC protest
Khan, a US citizen and OCI (Overseas Citizen of India) card holder, received a notice from the Foreigners Registration Office (FRRO) after being detained at the demonstration.
Who is OCI?
The OCI scheme was introduced in 2005. It applies only to eligible foreign nationals of Indian origin. Contrary to its name, OCI status does not confer Indian citizenship or allow dual citizenship in India. As an OCI card holder, an individual of Indian origin can remain a foreign national and hold passports issued by their respective countries, according to the Ministry of Home Affairs (MHA).
Quick answers to key questions
•5 QUESTIONS
No. OCI status is for eligible foreign nationals of Indian origin and does not confer Indian citizenship or allow dual citizenship in India.
OCI cardholders receive a multiple-entry lifetime visa and are generally exempt from FRRO registration. They have equal status with NRIs in certain economic, financial and educational matters, subject to relevant conditions.
The OCI rules described in the Articles do not specifically list participating in a protest as an activity requiring prior permission, but the rules do not specify whether every protest is permitted. OCI holders cannot claim freedom of expression and peaceful assembly under Article 19 on the same basis as Indian citizens.
Yes. OCI cardholders remain foreign nationals subject to Indian immigration laws and OCI registration may be canceled for certain reasons. A complaint or allegation alone does not establish that wrongdoing has occurred or that removal is warranted.
The FRRO issued the notice after Khan, a US national and OCI card holder, attended a protest in Mumbai and was detained. The notice alleged violations of immigration law; Khan said he would challenge it in the Bombay High Court.
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What are OCI rights?
As per the MHA notification dated 4th March 2021, OCI card holders are eligible for multiple entry lifetime visa to visit India and are exempted from registration with FRRO, irrespective of their length of stay.
The same notification also specifies parity with Non-Resident Indians (NRIs) in certain economic, financial and educational matters, subject to relevant conditions. However, OCI cardholders must obtain special permission for specific activities such as research, missionary or tabligh work, mountain climbing, journalism, selected internships or employment in foreign diplomatic missions in India, and visits to protected, restricted or prohibited areas.
Read also | Imran Khan moves Bombay High Court against ‘Quit India’ notice.
Can OCIs participate in protests?
Under Section 7B of the Citizenship Act, 1955, OCI cardholders are not entitled to all the rights reserved for Indian citizens. ZZU holders do not have rights such as the right to vote or contest in parliamentary and state parliamentary elections, according to the Home Office.
Article 19 of the Constitution, which guarantees freedom of speech and expression and the right to peaceful assembly, applies specifically to citizens.
This is where Imran Khan’s rights as an OCI card holder may remain controversial. The MHA notice does not specifically list participation in political protests or demonstrations among the activities for which an individual with OCI status requires prior authorization.
Who Filed Complaint Against Imran Khan?
The notice was sent to Imran Khan following a complaint against him by former BJP MP Kirit Somaiya.
Somaiya told PTI, “I have lodged a complaint regarding this matter. Imran Khan is an American citizen. No foreign national can join Indian politics or take part in illegal political activities in India. In the last few weeks, we have seen how foreign powers, foreign funding, foreign individuals and foreign organizations are trying to create disorder in India. Imran Khan has also raised the flag and therefore such a person has no right to stay in India.”
“Whether it’s Imran, Yusuf, Iqbal or Amir Ali, the money comes from Pakistan and the funds are also provided by big American companies here. These people want to create instability in India by collaborating with what I would call the ‘Dimagi Naxals’.” I welcome the decision taken by Union Home Minister Amit Shah and Chief Minister Devendra Fadnavis. I filed this complaint and it was decided within five days. Now Imran Khan can approach any court. He is not an Indian citizen and therefore cannot claim such rights here. Action will be taken,” he added.
