After the Mumbai Police issued a notice to Bollywood actor Imran Khan, an American national who holds an Overseas Citizen of India (OCI) card, directing him to leave India by October 28 for allegedly violating provisions of the Immigration and Foreigners Act, the action has raised questions about the legal consequences foreign nationals may face for participating in protests in India.
The action follows Khan’s participation in a protest at Mumbai’s August Kranti Maidan on October 10, where demonstrators demanded the resignation of Chief Election Commissioner Gyanesh Kumar over SIR irregularities.
The actor was briefly detained during the demonstration. The 43-year-old, who has appeared in several Bollywood films, is the nephew of superstar Aamir Khan.
Imran Khan has been directed to leave the country under the relevant provisions of the immigration law. In response, Imran Khan's lawyer has said that the actor will move the Bombay High Court, saying that the rules do not prohibit OCI cardholders from participating in protests.
The action against Khan has sparked a broader debate over the extent to which foreign nationals residing in India can participate in protests and the potential consequences of doing so.
To understand the legal position, The Daily Jagran spoke to Pragya Parijat Singh, Advocate-on-Record at the Supreme Court of India.
Can Foreign Nationals Participate in Protests in India? What Indian Law Says
Supreme Court Advocate-on-Record (AOR) Pragya Parijat Singh stated that foreign nationals in India do not enjoy the fundamental rights guaranteed under Article 19 of the Constitution, which are available exclusively to Indian citizens.
“Under Indian law, foreign nationals and OCI cardholders do not enjoy the fundamental rights under Articles 19(1)(a) and 19(1)(b) of the Constitution, which are available exclusively to citizens,” she said.
Sections 7 and 29 of the Immigration and Foreigners Act, 2025 empower authorities to regulate a foreigner’s activities and direct removal from India on applicable statutory grounds.
However, participation in a peaceful protest does not, by itself, automatically constitute a criminal offence unless permission was granted and the authorities must identify the specific statutory restriction or visa/OCI condition allegedly breached.
Further, the exercise of immigration powers remains subject to constitutional and legal constraints, including Article 14, which guarantees equality before the law to every person.
Referring to Imran Khan’s case, she noted, "The precise grounds stated in the FRRO notice are therefore crucial to assessing the legality of the direction to leave India."
When asked about Imran Khan approaching the Bombay High Court, Singh remarked, "I can’t find a categorical point, but yes, he cannot be equated directly with citizens who hold an absolute fundamental right."
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A reasonable opportunity to respond to the allegations should ordinarily be afforded, particularly where disputed facts or adverse material form the basis of the decision, subject to any applicable statutory exceptions.
What Are the Consequences and Violations?
If Imran Khan or any other foreign national (whether an OCI cardholder, tourist visa holder, or non-citizen) is found to have violated an applicable immigration condition, authorities may direct their removal under Section 29 of the Immigration and Foreigners Act, 2025.
A proven contravention may also attract penalties under Section 23, including imprisonment of up to three years, a fine of up to Rs 3 lakh, or both, where applicable. Additionally, an OCI registration may be considered for cancellation under Section 7D of the Citizenship Act, 1955, if the statutory grounds are established.