Bombay High Court Records FRRO Assurance: Actor Imran Khan Need Not Leave India Till November 2

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Bombay High Court Records FRRO Assurance: Actor Imran Khan Need Not Leave India Till November 2

The Bombay High Court recorded an assurance from the Foreigners Regional Registration Office, Mumbai, that the Leave India Notice issued to actor Imran Khan will not be enforced before November 2. The bench adjourned the hearing on the petition challenging the notice after the Additional Solicitor General sought time for the Solicitor General to appear.

Hydar Choudhury
3 min read
Bombay High Court Records FRRO Assurance: Actor Imran Khan Need Not Leave India Till November 2 — HC News Legal Analysis | Jurisight
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The Bombay High Court on Monday recorded an assurance from the Foreigners Regional Registration Office (FRRO), Mumbai, that Bollywood actor Imran Khan will not be required to leave the country before November 2. The assurance was given during the hearing of a petition filed by the actor challenging a Leave India Notice (LIN) issued by the FRRO directing him to depart India by October 28.

A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna took up the matter on October 27. The petition challenged the LIN issued after the actor participated in protests demanding the resignation of Chief Election Commissioner Gyanesh Kumar. The notice mandated his departure by the following day, October 28.

What assurance did the Centre give regarding the Leave India Notice against Imran Khan?

The Additional Solicitor General Anil Singh assured the Bombay High Court that the Leave India Notice issued to Imran Khan would not be enforced before November 2, allowing the matter to be heard on that date without prejudice to the petitioner.

When the matter was called out, Additional Solicitor General (ASG) Anil Singh urged the bench to defer the hearing until November 2, submitting that Solicitor General Tushar Mehta was unable to join the proceedings through video conferencing. Senior Advocate Venkatesh Dhond, appearing for the petitioner, immediately drew the court's attention to the urgency of the situation, pointing out that the LIN required his client to leave India by October 28, the very next day.

Chief Justice Tripathi noted the impending deadline. In response, ASG Singh stated that the authorities were giving an assurance on the basis that they were only seeking an adjournment until Monday. The bench proceeded to dictate a short order recording that the Solicitor General had sought deferment of the hearing.

At this stage, ASG Singh requested the judges not to record the assurance in the order. Senior Advocate Dhond submitted that since the ASG had given the assurance, there was no necessity to record it formally. Accepting this position, the bench adjourned the hearing to November 2 without incorporating the assurance into the formal order.

The petition arises from the FRRO's decision to issue a Leave India Notice to the actor, a measure typically invoked against foreign nationals for violations of visa conditions or activities deemed prejudicial to national interest. The notice was issued shortly after the actor's participation in public demonstrations concerning the Chief Election Commissioner. The challenge before the High Court questions the validity and proportionality of the administrative action linking the actor's participation in protests to the cancellation of his stay permissions.

The interim protection effectively maintains the status quo until the next date of hearing, ensuring that the petitioner is not compelled to exit the country while the court examines the legality of the notice. The matter is now listed for further hearing on November 2, when the Solicitor General is expected to address the court on the merits of the FRRO's action.

Aspect

Details

Petitioner

Imran Khan (Actor)

Respondent Authority

Foreigners Regional Registration Office (FRRO), Mumbai

Impugned Order

Leave India Notice (LIN) dated requiring departure by October 28

Bench

Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna

Counsel for Petitioner

Senior Advocate Venkatesh Dhond

Counsel for Respondent

Additional Solicitor General Anil Singh

Key Interim Relief

Assurance that LIN will not be enforced before November 2

Next Date of Hearing

November 2

The court's decision to adjourn the matter on the basis of the assurance allows the petitioner temporary reprieve while preserving all legal contentions for detailed argument on the next date. The bench refrained from passing any judicial order on the merits of the LIN at this stage, limiting its intervention to recording the adjournment sought by the Central Government.

Hydar Choudhury

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