BS News Agency: Imran Khan is an American citizen and an 'Overseas Citizen of India' (OCI) card holder. Therefore, he does not have the same political rights as Indian citizens, the court has made it clear. Bombay High Court reprimands Imran Khan. The Bombay High Court reprimanded actor Imran Khan in strong language for joining the protest against the Election Commission. On Monday, the court reminded him that he is an American citizen and an 'Overseas Citizen of India' (OCI) card holder. Therefore, he does not have the same political rights as Indian citizens in this country. At the same time, the court questioned, if an Indian citizen went to America and participated in the same kind of protest, how would he be treated!
A bench of judges said to Aamir Khan's nephew, 'You are an OCI card holder. You cannot behave like an Indian citizen (participating in a rights-related protest program). You have nothing to say about SIR. You had no right to join the protest. You have to give a clear written undertaking to the court.'
Senior advocate Venkatesh Dhond, while arguing for Imran, said that the 42-year-old actor has spent almost his entire life in India. Although he was born and raised in America, he is not an Indian citizen. However, the court made it clear that despite this, he is not an Indian citizen.
The judges observed, 'You are not an Indian citizen. Suppose an Indian citizen went to another country, let's say your country America, and joined such a protest. In that case, he would have been sent back to the country on the next flight.'
The court also questioned why Imran did not take Indian citizenship despite spending most of his life in India and making a name for himself in Bollywood. The judges said, 'You have been here since childhood. Why are you not taking Indian citizenship? You have become a star in Bollywood.'
In another observation, the court said that Imran may have forgotten his OCI card holder identity after living in India for decades. In the words of the judges, 'You have probably been here for a long time. You have spent more than 40 years, so you may not remember that you are an OCI cardholder.'
The court made the observation while hearing a case filed by Imran. The actor had approached the court challenging the 'Leave India Notice' issued by the 'Foreigners Regional Registration Office' directing him to leave the country. Last week, a bench of Chief Justice MC Tripathi and Justice Advait Sethna stayed the notice.
Dhond, appearing for Imran, said that the actor was born in America and on that basis he got US citizenship. However, he has spent his entire life in India. The lawyer also said that before getting OCI status in 2006, Imran had a 'Person of Indian Origin' card. The lawyer also said that Imran got married in India and worked in Bollywood. However, he does not have any film work in hand at present.
The actor claims that he has no connection with any organization or related persons who joined the protest. He also agreed to give a written undertaking to the court that he will not participate in any such program in the future.
However, Additional Solicitor General Anil Singh, appearing for the Foreigners Regional Registration Office, opposed this statement. He claimed that there is evidence of Imran's involvement in the protests. He mentioned the actor's social media posts and an interview. Anil also said that the interview was not submitted to the court by Imran. His argument is that Imran has a huge fan following on social media, so his statements reached many people.
Anil further alleged that this incident is not isolated. Imran has also participated in several protest programs in the past and made provocative remarks. He said that the allegations cannot be ignored even if a foreign national apologizes.
On the other hand, the court also reminded the extent of the impact of Imran's statements as a star. The judges observed, 'You are a star. Your words have an impact. Look at the generosity of this country. You are an OCI cardholder, but all your contacts are from India, Maharashtra.' Dhond said Imran was not fully aware of the consequences of joining the protest. He also said he would talk to his client about the court's observation on Indian citizenship.
The court reiterated that OCI cardholders cannot participate in political activities like Indian citizens. The bench also mentioned the government's power to expel foreign nationals from the country.
Addressing the Additional Solicitor General of the Foreigners Regional Registration Office, the judges said, "You have the sovereign power. You have the full right to expel. We have no question about your power. But what is relevant here is what happened. If the Mumbai Police says that nothing happened at all, then the situation will be different." However, Anil Singh said that even if the court does not have the kind of prima facie evidence that the court is seeking, the government has the right to take action. He claimed that Imran should have behaved more responsibly.
While discussing India's attitude towards foreign nationals, the court also mentioned the 'Vasudhaiva Kutumbkam' policy - meaning the whole world is one family. Later, the bench said that Imran had given a written promise and had sought an unconditional apology. The judges commented, 'This country has generosity. You too have to show a big heart.'
However, the court also made it clear that the apology and the written promise cannot be seen as permission to attend similar programs in the future. The bench observed, 'They are here at the mercy of the government. They cannot criticize the government from here. This is unacceptable. Apology cannot be seen as a green signal.'
The High Court also reiterated its position that OCI cardholders cannot enjoy political rights reserved for Indian citizens. The court has for now stayed the 'Leave India Notice' issued against Imran. The next hearing of the case is on December 7.