Imran Khan tenders apology after Bombay High Court says OCI card holders have no right to protest

Bollywood actor Imran Khan on Monday tendered an unconditional apology before the Bombay High Court for participating in a protest against Chief Election Commissioner Gyanesh Kumar [Imran Khan Pal v. Union of India & Ors]..A Division Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna took the apology on record and also said that Overseas Citizen of India (OCI) cardholder such as Khan do not enjoy the same rights as Indian citizens, including the right to participate in protests."You are an OCI holder, you are distinct from Indian citizens. You have no right to protest. Right to protest is not available to OCI," said the Court.The Court made the observations while hearing Khan's challenge to an October 14 notice from the Foreigners Regional Registration Office (FRRO) directing him to leave India by October 28..Today, Senior Advocate Venkatesh Dhond, appearing for Khan, told the Court that the actor had gone to the protest out of curiosity after learning that various organisations had organised demonstrations on October 10.The Court, however, pointed out that Khan held OCI status and was therefore, stood on a different footing as compared to an Indian citizen."So far as a citizen is concerned, there is a distinction between an OCI holder and a citizen. You have to justify whether you had gone for protest or for someone or for protest. You have to be categorical that you had no such endeavour or association," the Court told Dhond.The Court questioned Khan's presence at the protest."What for were you there? You are a celebrity, you are a star. If you have a film, you are promoting...," asked the Court.The Court also questioned why Khan, who had lived in India for over four decades, had not applied for Indian citizenship."You have been here since childhood, why not accept indian citizenship? Apply for citizenship. You have stayed here, worked here," said the Court.It then observed that OCI cardholders did not have the right to participate in protests."The behaviour in public domain, you have no right. If you want to remain an OCI card holder, these things are not open to OCI card holder," held the Court..So far as a citizen is concerned, there is a distinction between an OCI holder and a citizen. You have to justify whether you had gone for protest or for someone. You have to be categorical that you had no such endeavour or association.Bombay High Court.Dhond submitted that Khan had lived in India for 42 years, studied here and owned a house in the country. He also offered to give an undertaking that Khan would not participate in similar protests..The Court, however, insisted that Khan tender an unconditional apology in addition to giving an undertaking."These kind of undertakings you have to apologise. In absence of apology, we cannot accept. This is instigation. Your recognition is because of working in India. You have young followers. See the magnanimity of the country, you have all recognition despite being OCI holder," remarked the Court..Additional Solicitor General (ASG) Anil C Singh, appearing for the Centre, opposed Khan's submissions. He argued that he had not merely attended the protest but had also instigated people and spoken to the media.The ASG further argued that the government has the sovereign power to ask a foreign national to leave the country and that OCI cardholders had limited rights."He has participated in illegal protests," submitted ASG Singh..The Court acknowledged the government's sovereign power in matters of deportation but said the circumstances of Khan's case also had to be considered. It noted that Khan had lived in India for several decades and that the present proceedings arose from a particular incident.However, the Court questioned why Khan had attended a protest relating to an election when, as an OCI cardholder, he was not entitled to vote in India."Why were you (Khan) there? Because he (Khan) has no right to vote, so he had no reason. And his OCI status also shows he is unemployed," asked the Court.Khan subsequently tendered an unconditional apology and gave a categorical undertaking that he would not participate in similar protests as an OCI cardholder.In its order, the Court recorded,"The categorical undertaking is submitted. Unconditional apology is also tendered. ASG submits that he will file response. As far as OCI holders are concerned they are not at par with Indian citizens. The right to participate in protests do not apply to them. Unconditional apology is taken on record." The matter will be heard next on December 7..Khan moved the High Court on October 17 to quash the October 14 "Leave India Notice" issued by the FRRO. He also sought an interim stay on deportation, lookout notices, and interference with his Overseas Citizen of India (OCI) status.The October 14 directive followed his brief police detention after participating in protests against Chief Election Commissioner Gyanesh Kumar and a complaint filed by BJP leader Kirit Somaiya for alleged public-order infractions..Khan contended that the FRRO acted in haste, without giving him a prior hearing, and under pressure from political social media campaigns.The FRRO had subsequently issued a separate show-cause notice on October 17 asking Khan why his OCI registration should not be cancelled. On October 27, the High Court had directed that the October 14 notice be kept in abeyance until November 2 after the Centre sought time to respond and assured the Court that no coercive action would be taken against Khan in the meantime.Khan had also requested the production of all internal records related to the decision..Today, the Court also continued the interim protection against deportation for Khan, with the Court telling Khan's counsel,"Yes, yes, you are not going anywhere.".Dhond along with advocate Kunal Vajani and advocates Zulfiquar Memon, Parvez Memon and Chirag Naik of MZM Legal appeared for Imran Khan..[Read Live Coverage]