The Bombay High Court on Monday sought an unconditional apology from actor Imran Khan over his participation in a protest against Chief Election Commissioner (CEC) Gyanesh Kumar in Mumbai, saying he was not directly affected by the Special Intensive Revision (SIR) of electoral rolls as he was an Overseas Citizen of India (OCI) cardholder.
Khan subsequently submitted an undertaking before the court, assuring that such participation would not be repeated in the future.
The court observed that Khan, being an OCI cardholder, could not be treated at par with Indian citizens and said he was not remotely affected by the SIR exercise. It also remarked that he did not have the right to criticise the country and that such conduct could not be tolerated.
The court was hearing Khan’s petition challenging a Leave India Notice (LIN) issued by the Foreigners Regional Registration Office (FRRO), directing him to leave India by October 28.
The High Court had earlier kept the notice in abeyance until November 2 and on Monday extended the interim protection until December 7.
The bench also questioned the FRRO over the manner in which the notice was issued, observing that Khan should have been given at least an opportunity to respond before being directed to leave the country. It noted that the actor had been living in India for more than four decades and had no criminal antecedents.
Khan, a US citizen and OCI cardholder, was issued the notice on October 14, four days after he was detained during a protest against CEC Gyanesh Kumar at Mumbai's August Kranti Maidan on October 10.
Following his detention, BJP leader Kirit Somaiya filed a police complaint alleging that the actor had violated OCI rules and visa conditions by participating in the demonstration. The Mumbai Police subsequently forwarded an FIR, which was described as unproven, to the FRRO, leading to the issuance of the notice.
The protest was held in support of demands for Kumar's resignation over alleged irregularities in the SIR exercise and concerns over his functioning as the head of the Election Commission.
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