Deportation
Imran Khan told to leave India: What OCI rules say about protests
Mumbai/IBNS: Actor Imran Khan, nephew of Bollywood superstar Aamir Khan, has been served a 'Leave India' notice by the Foreigners Regional Registration Office (FRRO) following his participation in a protest against Chief Election Commissioner Gyanesh Kumar.
The actor has been asked to leave India by October 28, with the FRRO citing his American citizenship and Overseas Citizen of India (OCI) status.
What is an OCI card?
OCI stands for Overseas Citizen of India. It is a special immigration status granted by the Indian government to eligible foreign citizens of Indian origin and certain other individuals who meet the prescribed eligibility criteria.
An OCI card offers several benefits, including a multiple-entry, lifelong visa to visit India, subject to applicable rules. It also allows holders to live and work in India without requiring a regular employment visa, subject to legal restrictions.
OCI cardholders enjoy parity with Non-Resident Indians (NRIs) in certain economic, financial and educational matters, as prescribed by the government.
However, an OCI card does not confer Indian citizenship. Holders remain citizens of their respective countries and are generally not entitled to vote in Indian elections, hold certain constitutional offices or exercise other rights reserved for Indian citizens.
Does OCI status restrict participation in protests?
In Imran Khan's case, the reported FRRO notice has brought attention to the restrictions and rights applicable to foreign nationals holding OCI cards who participate in political activities in India.
While OCI status does not confer the full political rights enjoyed by Indian citizens, the extent to which it restricts participation in public protests depends on the applicable laws and regulations.
An OCI card does not grant its holder the same political rights as an Indian citizen.
However, whether participation in a particular protest violates the applicable rules depends on the nature of the activity and the relevant legal provisions.
The reported notice against Imran has therefore raised questions about the legal distinction between participating in a public demonstration and engaging in political activities restricted under the rules governing foreign nationals and OCI cardholders.
Reactions
Speaking to The Times of India, Sorab Kirpal, Senior Advocate, argued that although OCI holders do not have the citizen's right to protest under Article 19, they are protected by Article 14 against arbitrary state action.
He also called the order disproportionate, arguing that the power to issue a “Leave India” notice must be exercised with proper cause.
Niteen Pradhan, Mumbai advocate, told the daily that the action was legally appropriate under the Immigration and Foreigners Act, 2025, because Imran Khan is a foreign national.
He maintained that a non-citizen's participation in a political protest against government policies can justify official intervention.
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