Mumbai Police issued a formal notice to Bollywood actor Imran Khan — a US national holding an Overseas Citizen of India card — directing him to exit the country before 28 October over his participation in protests against Chief Election Commissioner Gyanesh Kumar, a move that has drawn public debate.

Reports indicate the actor intends to approach the Bombay High Court, while parties in opposition have characterised the action as authoritarian in nature.

The notice from the Foreigners Regional Registration Office reached Khan — an Overseas Citizen of India cardholder with Bollywood credits that include I Hate Luv Storys (2010) and Mere Brother Ki Dulhan (2011) — over an alleged breach of provisions under the Immigration and Foreigners Act. Citing Section 7 and Section 29 of the Immigration and Foreigners Act, the notice has drawn attention to unresolved tensions between the scope of governmental authority and the protections afforded to OCI cardholders.

Joining a crowd gathered at Mumbai's August Kranti Maidan on 10 October, Junaid Khan — whose uncle is the actor Aamir Khan — took part in a demonstration calling for Chief Election Commissioner Gyanesh Kumar to step down from his post. At the protest, officers took Khan into custody for a short period.

According to a police official, a departure notice requiring Khan — identified as a 43-year-old actor — to leave the country by 28 October had been formally delivered to him, with additional administrative steps still in progress. The official further stated that Khan holds citizenship of another country and does not qualify as an Indian national.

A law enforcement officer noted that the relevant sections of the Foreigners/Immigration Act bar non-citizens from taking part in political demonstrations or related activities while on Indian territory.

Footage captured after the demonstration showed the actor, while being guided toward a police vehicle, telling a reporter that he had no demands regarding his involvement in the protest. He told reporters that no organisational affiliations applied to him.

Kirit Somaiya, a BJP leader, called on Mumbai police to take action against Khan over his attendance at the protest, pointing to the actor's status as a foreign national and raising questions about whether someone holding that citizenship could lawfully take part in such demonstrations.

The draft plea asserts that nothing in existing law or regulation bars an OCI cardholder from taking part in a peaceful protest.

Holders of an OCI card — a document available to foreign nationals of Indian origin who meet the relevant criteria — do not thereby acquire Indian citizenship. Those holding OCI cards are entitled to enter India on an open-ended, multi-entry basis for the duration of their lives, provided the relevant regulations are met. Voting in elections — whether as a candidate or as a member of the electorate — falls outside the entitlements available to holders of OCI status.

Foreign nationals and those navigating immigration processes fall under the jurisdiction of India's applicable legal framework. Holders of an OCI card carry no absolute entitlement to reside in India, nor do they acquire the constitutional and political protections that belong exclusively to full citizens.

The matter drew a vocal response from Maharashtra's opposition bloc, the Maha Vikas Aghadi alliance. Nana Patole, a Congress leader, told reporters in Nagpur that the government labels as traitors anyone who voices dissent — citing actor Imran Khan as one example among many — a characterisation he described as consistent with how the ruling establishment treats political opposition.

Sanjay Raut, a leader with the UBT Shiv Sena faction, raised a public query about why authorities had taken no steps to ask former Bangladesh prime minister Sheikh Hasina to depart from India, where she has been residing since fleeing her country in August 2024.

Somaiya, who had lodged complaints with Union government immigration authorities, the Airport Authority, and Mumbai police, remarked that individuals of a similar profile to Imran Khan numbered in the thousands across India. He called for measures to be taken against individuals he described as residing in the country while speaking out against it, adding that deportation proceedings should apply to all such persons, and further alleged that Khan — a US citizen — drew his income from India while engaging in political activity directed at the government.