Imran Khan Apologises Over SIR Protest In Bombay HC After Court Says He ‘Can’t Behave Like Indian Citizen’

Actor Imran Khan on Monday tendered an unconditional apology before the Bombay High Court for participating in a protest against the Election Commission over the Special Intensive Revision (SIR) of electoral rolls. He also assured the court that he would not take part in similar demonstrations in the future.

The development came after the High Court strongly criticised the actor, pointing out that he is an American citizen holding an Overseas Citizen of India (OCI) card and cannot conduct himself like an Indian citizen. The bench questioned his right to participate in such protests and drew a parallel with how an Indian national would be treated for taking part in a demonstration in the United States.

"You are an OCI card holder. You can't behave like an Indian citizen. You have nothing to say about SIR. You had no right to participate. You have to give a categorical undertaking to the court," the bench told Khan. When senior advocate Venkatesh Dhond, appearing for the actor, pointed out that the 42-year-old had spent his entire life in India and acquired US citizenship by birth, the court stressed that he was still not an Indian citizen.

"Obviously because you aren't an Indian citizen... Imagine if an Indian citizen does such protests in any other country, take, for example, your country - the US. That Indian citizen would have been sent back to the country on the next immediate flight," the court observed.

The bench also questioned why Khan had not sought Indian citizenship despite spending most of his life in the country and establishing himself as a Bollywood actor. "Since your childhood you have been here. Why don't you accept Indian citizenship?

You have become a Bollywood star here," the court remarked. At another point during the hearing, the bench observed that Khan appeared to have forgotten his status as an OCI cardholder after living in India for decades. "You probably lived too long here...

over 40 years to remember that you are an OCI card holder," the High Court said. Opposing the petition, Additional Solicitor General Anil Singh, appearing for the Centre, alleged that Khan had attempted to provoke people through certain social media posts and interviews.

Singh argued that OCI cardholders do not have an unlimited right to stay in India and are not entitled to the same fundamental rights as Indian citizens. He also submitted that the government has extensive powers to take action in matters involving foreign nationals.

The Chief Justice agreed that OCI cardholders cannot claim rights equal to those of Indian citizens. However, the court said it would not be appropriate to pass an order against someone who had been living in India for a long time without first hearing their side.

The bench said Khan should be given an opportunity to respond to the FRRO notice. The Chief Justice also asked what would happen if the Maharashtra Police investigation did not find any evidence against Khan. Referring to the principle of 'Vasudhaiva Kutumbakam', the court observed that India had embraced Khan for years and given him the opportunity to work and establish his identity in the country.

It said the government should, therefore, show a broad-minded approach. In its order, the court reiterated that OCI cardholders are not on a par with Indian citizens and cannot claim the right to participate in or incite such protests while staying in India.

At the same time, it allowed Khan to submit his response to the FRRO notice. The bench directed him to file his reply, an undertaking and an unconditional apology. The FRRO has been asked to consider his response and hear his side before taking a decision.

The stay on the Leave India Notice will remain in force in the meantime. The next hearing in the matter is scheduled for December 7.