Bombay High Court to review ‘Leave India’ notice against US citizen Imran Khan, highlighting Foreigners Act powers

The Bombay High Court on 19 October scheduled an urgent hearing for 26 October on a petition by Bollywood actor and US passport-holder Imran Khan, who is challenging a Mumbai Police order directing him to depart India by 28 October. The notice was issued under Sections 7(2)(c) and 29 of the Foreigners Act 1946 after Khan was briefly detained near an anti-government protest. Khan’s lawyers argue the order is ‘arbitrary, disproportionate and a violation of natural justice’, pointing out that the actor has lived in India since the age of two, has no criminal record and denies participating in any unlawful assembly. The petition also seeks a stay on related show-cause proceedings that could strip him of Overseas Citizen of India (OCI) status. The case is being closely watched by global-mobility practitioners because it offers rare judicial scrutiny of the executive’s power to summarily expel foreign nationals on security grounds. Legal advisors note that the same provisions were used to issue departure orders against several foreign activists in recent years, but few challenged them in court. If the High Court rules that detailed reasons and due-process safeguards are required before issuing a Leave India notice, it could prompt the Ministry of Home Affairs to revise standard operating procedures, giving expatriates stronger procedural rights. Until then, employers should monitor the outcome, ensure expatriate staff hold valid FRRO registrations and advise them to avoid political gatherings that could trigger adverse police reports. The hearing may also clarify whether OCI status, often marketed as ‘lifetime visa-free entry’, offers any additional protection against summary removal—an area of growing concern for businesses that rely on long-term resident foreign talent.