MUMBAI: The Bombay High Court on Monday slammed the film actor and director Imran Khan, asking him to furnish an unconditional apology for participating in protests demanding the resignation of Gyanesh Kumar, the Chief Election Commissioner, in connection with the Special Intensive Revision (SIR) exercise.
The Bombay High Court, coming down heavily on film actor Imran Khan, said that an Overseas Citizen of India (OCI) Card Holder cannot criticise the government because they aren't on par with Indian citizens. It stated that the actor is not even remotely affected by SIR; therefore, he has no business at the protest site. The court said that OCD card holders are not permitted to participate in protests against the government and its decisions.
The court further stated, “If you want to protest, then go to the USA and participate in protests there, and you can even go and cast your vote, but protesting anything here won't be tolerated."
The Bombay High Court Division Bench Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna directed the actor Imran Khan to file an undertaking stating that he will not participate in any such protests in the future, while extending the operation of the order suspending the Leave India notice issued by the Foreigners Registration Regional Office (FRRO) until Khan gets an opportunity to respond to the notice.
Earlier, Imran Khan had moved the Bombay High Court challenging the 'Leave India Notice' (LIN) issued to him by the FRRO on the complaint of BJP leader Kirit Somaiya. He was asked to leave Mumbai, India, by October 28.
The court orally observed that it would ask the actor to give an "unconditional apology" considering that he was an OCI card holder, was not affected by SIR, and had no business venturing into such protest.
"In our order, we will say that you will give him some time to file his response. He will file his undertaking and unconditional apology, etc., because at some point in time you will show magnanimity and say this man must live here. He has been living in our country for all these years and has worked here, got recognition from here, then you must show a big heart,” the court said.
The court also orally asked Imran Khan to clarify the purpose for which he attended the protest, noting that as an OCI card holder, Khan can have no concern with the protest pertaining to SIR. "What for were you there? There's a complete difference between the rights of citizens and OCI cardholders. You need to clarify whether you are there for protests or for some other work? You will have to categorically make a statement that you had no association with the protests, etc. Because the agitation was with regard to SIR, with which you have no concern at all"
The court remarked that if an Indian citizen participates in protests in any other country, such as the USA, that person would be sent back to India on the next immediate flight.
Additional Solicitor General (ASG) Anil Singh, appearing for the Centre, said that Khan, in his plea, had mentioned that he went to the protests out of curiosity; however, on social media, he had "instigated people", urging that the court should not protect him. "There are SC judgments saying even if someone has a lifelong visa, they can still be stopped from entering in India.”
