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FRRO Issues ‘Leave India’ Notice to OCI Cardholder After Mumbai Protest
The Foreigners Regional Registration Office (FRRO) issues a ‘Leave India’ notice to actor Imran Khan, a US citizen and Overseas Citizen of India (OCI) cardholder, directing him to leave India by October 28. The notice follows his participation in a protest on October 10 at Mumbai’s August Kranti Maidan demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
OCI Status:
| Dimension | Key Details |
|---|---|
| OCI scheme | The OCI scheme is introduced in 2005 for certain foreign nationals of Indian origin. |
| Citizenship status of OCI | India does not permit dual citizenship, and an OCI remains a foreign national holding another country’s passport. |
| OCI key privileges | OCI status comprises a multiple-entry lifelong visa, exemption from FRRO registration regardless of stay duration, and parity with Indian citizens/NRIs in certain property, educational, and professional matters. |
| March 2021 notification: prior-permission activities | Under a March 2021 notification, OCIs need special permission before undertaking: research; missionary/Tabligh work; mountaineering; journalistic activity; certain employment/internships in foreign diplomatic establishments; entering protected, restricted, or prohibited areas. |
| March 2021 notification: political protest | Political protests are not listed among activities requiring prior permission under the March 2021 notification. |
| Political rights under Citizenship Act | Under Section 7B of the Citizenship Act, OCIs cannot vote or contest elections. |
| Constitutional rights referenced | Article 19 rights, covering freedom of speech and peaceful assembly, are guaranteed specifically to citizens, not OCIs. |
| Immigration and Foreigners Act, 2025 | The Immigration and Foreigners Act, 2025 is in force since September 2025 and replaces the Foreigners Act, 1946. |
| Foreigners under 2025 Act | An OCI remains a foreigner for the purposes of the Immigration and Foreigners Act, 2025. |
| Section 7(2)(c) (2025 Act) | Section 7(2)(c) authorises the government to direct that a foreigner shall not remain in India or in any specified area therein. |
| Section 29 (2025 Act) | Section 29 authorises removal of a foreigner for violating the Act or rules, or based on an adverse security report, and officers may exercise reasonable enforcement powers. |
| Delegation of powers (September 2025) | A September 2025 notification delegates powers under Sections 7(2) and 29 to FRROs and Foreigners Registration Officers. |
| Judicial precedent: Kamil Siedczynski case (2020) | In 2020, the Calcutta High Court quashes a ‘Leave India’ notice against Kamil Siedczynski, holding that mere participation in a political rally alone is insufficient to justify such action under the then Foreigners Act. |
| OCI cancellation: governing provision | OCI registration cancellation is governed by Section 7D of the Citizenship Act and is distinct from a ‘Leave India’ notice. |
| OCI cancellation: grounds | Section 7D provides for cancellation on grounds including: fraud, false representation, or concealment; disaffection towards the Constitution; helping an enemy during war; conviction for serious crime (in specified circumstances); and Section 7D(e) where the government deems it necessary for sovereignty, integrity, security of India, friendly relations with foreign countries, or the general public. |
| OCI cancellation: procedural safeguard | Section 7D mandates that the person be given a reasonable opportunity to be heard. |
| Remedy referenced for ‘Leave India’ notice | The notice recipient may approach the High Court under Article 226 to challenge the notice’s legality and seek interim protection. |