Mumbai: Bombay High Court on Monday continued its interim relief against Centre’s Leave India Notice to actor Imran Khan Pal (44), a US citizen and an Overseas Citizen of India (OCI), after he furnished a prepared undertaking and added an unconditional apology which the court sought. The central govt’s Foreigner Registration Regional Officer (FRRO) had given him two weeks to leave India, four days after registering an FIR against Khan for unlawful assembly in Mumbai during an Oct 10 protest against the ongoing Special Intensive Revision (SIR) of voter rolls and the CEC.Additional Solicitor General Anil Singh said the “Centre through the FRRO has unfettered rights to deport such person,” a foreigner (Khan) from India, “without the need to establish any jurisdictional fact. “The HC order said: “The state, in exercise of its sovereign functions, would have the right to deport a person out of India in a given case. To further clarify this aspect and clarify its stand, Centre agreed to file an affidavit.”Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said, “OCI card holders are not Indian citizens.’’ They were hearing a petition Khan filed to challenge the Leave India notice as arbitrary and in violation of his right to life.“You cannot behave like an Indian citizen. You are not even remotely associated with the SIR process,’’ said the CJ orally to Khan, via his senior counsel VR Dhond, who said he was ready with the undertaking.“The right to protest is not even available to you as an OCI…,” added Justice Sethna. Dhond said they are not getting into the legality of the Constitutional rights but under Article 21—right to life and liberty which is available to non-citizens, principles of natural justice do accrue.The CJ asked what was Khan doing at the protest site and how was he connected? “What were you there for? There is a complete difference between rights of an OCI card holder and a citizen of India. You will have to categorically make a statement that you have no association with the protest… you had no remote cause for being there… If an Indian was doing this in another country would it have been permissible or tolerated?.”Dhond referring to pleadings in the petition said, “Glad you asked. He (Khan) has no association or affiliation with those who organised the protest against the Chief Election Commissioner (CEC).’’The ASG for the FRRO tendered a compilation to the bench and argued that it was not an isolated instance and that Khan “instigated’’ people on social media.Khan has been in India since he was two years old, for the past 42 years, said Dhond having studied here, worked here, married and having a child in India. He should be heard, Dhond argued. The state said an FIR is registered against Khan.Dhond said but neither has the actor been summoned nor called for any probe and all offences, including disobedience of orders and unlawful assembly are bailable. The actor was passing by and was curious to see the protesters as mentioned in the petition, Dhond submitted.“I (Khan) have at the moment no film in hand. Have nothing to do with those who organised the protest. The HC can take an undertaking that I (Khan) have no part in the protest. Before I (Khan) could even reach the site there was a police bandobast…,” Dhond submitted.The ASG questioned the veracity of Khan’s claim over how he landed at the protest spot, saying, “It is a misleading statement. That out of curiosity he went there to check… He is part of the protest.’’Singh said the actor is a US citizen and the Centre is within its power to expel him. The Centre “requires no foundational basis to expel a foreigner from the India,’’ said Singh.“Hence, there is no question of granting any protection. He takes all the benefit as a citizen of the US and as your lordship just said, Article 19 doesn’t apply to OCI. The (FRRO) has taken a decision to remove a foreigner. It is the Centre’s discretion. A visa too doesn’t mean a foreigner has all the rights to enter India.”“If you read the petition the impression given is that… he was curious… but see he has given an interview…,” Singh submitted. The HC sought a reply from the Centre. “It is better that you (Centre) respond. Khan will have a chance to file a rejoinder. We can then decide the matter,’’ said the bench.The bench remarked, “This case is purely distinguishable… He has on his OCI registration said he is unemployed.’’ The judges said to Khan, “Why don’t you accept India citizenship? You work and live here. You make films here. You are a celebrity. Why don’t you apply for Indian citizenship… You have to give a categorical undertaking that you will not participate in any such protest as you are an OCI and these are not available to OCI card holders.’’Dhond tendered the undertaking and the Chief Justice said, “If this kind of undertaking comes, you have to tender one with an unconditional apology…You (Khan) have everything and recognition pan India. Your (Khan’s) one statement would have decisive impact (on fans).’’The CJ Tripathi and Justice Sethna orally said, “It is least expected. You (Khan) are a responsible person. Literate and highly educated. you come from a responsible family. You have a great following. Since childhood you are in India. And the country has never raised such an issue against you in the past…you cannot behave or be placed on a par with Indian citizens…’’ The bench on seeing the Centre’s compilation said, “You cannot say, ‘ I was a novice and had no idea.’’ Dhond sought a copy of the compilation, saying they cannot tender fresh material across the bar.The CJ said, “Inadvertently if you had participated then there should be regret on oath. You (Khan) had no role at all in the SIR. Whatever statement you have made. You should make an unconditional apology. We will record in the order.’’The ASG said, “This undertaking and apology is by a foreigner as an OCI holder falls within definition of a foreigner. This is not merely a question of participation in a protestThe CJ at one point said smilingly, Khan has lived here for so long that he “ forgot that perhaps you are an OCI’’.The CJ recorded that Khan has tendered an unconditional apology and posting the matter to Dec 7 at 3 pm said in the end to Khan’s counsel, “you must tell your client that filing an apology doesn’t mean it is a green signal to say or do anything…You can go to the USA and cast your vote and participate in protests there…”
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