Can Imran Khan protest in India as an OCI cardholder? Why Aamir Khan’s nephew faces an immigration notice – The case explained.
Updated: October 15, 2026, 3:07 PM IST
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Imran Khan (PC- Instagram)
Bollywood actor Imran Khan, known for films such as Jaane Tu… Ya Jaane Na, Delhi Belly and I Hate Luv Storys, has found himself at the centre of a political and legal controversy after being directed to leave India by October 28, 2026The development followed his participation in a Mumbai protest demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
Imran, nephew of actor Aamir Khan, is an American citizen and holds an Overseas Citizen of India (OCI) card. His participation in the demonstration prompted questions about whether OCI cardholders can take part in political protests in IndiaThe matter escalated after former Bharatiya Janata Party (BJP) MP Kirit Somaiya complained to the authorities about the actor’s involvement.
The actor was detained by Mumbai Police on October 10 during a gathering at August Kranti Maidan in support of a protest organised by the Cockroach Janata Party (CJP)Subsequently, an immigration notice directing him to leave India brought his citizenship status, the conditions attached to OCI cards and the government’s powers over foreign nationals into focus. But what exactly happened, why was Imran asked to leave India, and what role did Somaiya play in the case? Here is everything to know.
What Happened To Imran Khan?
Imran Khan detained during the protest (PC- Instagram)
The controversy began with Imran’s participation in a protest in Mumbai on October 10, 2026The demonstration called for the resignation of Chief Election Commissioner Gyanesh Kumar. Following the gathering, Mumbai Police detained the actorHis participation subsequently attracted scrutiny because Imran is an American citizen rather than an Indian citizen, despite holding an OCI card.
The issue gained further attention after Kirit Somaiya questioned whether Imran was legally permitted to participate in a political demonstration in IndiaThe complaint was followed by action from the authorities, who issued a notice directing the actor to leave the country by October 28.
The notice reportedly invokes Sections 7 and 29 of the Immigration and Foreigners Act, 2025The development has raised questions about the legal restrictions that apply to foreign nationals and the extent of the political activities OCI cardholders can undertake in India.
Why Has Imran Khan Been Asked To Leave India?
The immediate context is the actor’s participation in the October 10 protest and the subsequent scrutiny of his status as an American citizen holding an OCI card.
According to reports quoting police officials, the authorities examined whether his participation in the demonstration violated the conditions applicable to foreign nationals in IndiaAn immigration notice was subsequently issued directing him to leave the country by October 28, 2026.
An OCI card allows eligible foreign nationals of Indian origin to visit and reside in India under specified conditions and provides several privilegesHowever, it does not confer Indian citizenship or the full political rights available to Indian citizens.
The notice reportedly cites Sections 7 and 29 of the Immigration and Foreigners Act, 2025, which concern government powers relating to foreign nationals and their removal from India.
The issuance of the notice, however, should be distinguished from the final outcome of any potential legal challengeWhether Imran contests the decision, and how the authorities or a court might respond, are separate matters.
What Do Sections 7 And 29 Of The Immigration And Foreigners Act, 2025, Mean?
The notice has brought two provisions of the Immigration and Foreigners Act, 2025, into focus.
Section 7: The provision concerns the Central Government’s powers to regulate matters relating to foreign nationals, including their entry, departure and continued presence in India, subject to the terms of the law.
Section 29: The provision concerns the removal of foreign nationals from India in circumstances covered by the Act.
In Imran’s case, the reported invocation of these provisions forms part of the legal basis cited for the notice directing him to leave India.
However, the precise grounds for the action, the conditions allegedly breached and the legal basis for applying the provisions to his circumstances need to be assessed against the actual notice and the relevant statutory textThe mere invocation of a provision does not, by itself, establish that an alleged violation has been conclusively proved.
What Is Imran Khan’s OCI Status? Can OCI Cardholders Participate In Political Protests?
Imran’s American citizenship and OCI status are central to the controversy. An Overseas Citizen of India card is not equivalent to Indian citizenshipAlthough OCI cardholders enjoy certain immigration, residence and other privileges, they do not receive all the rights available to Indian citizens.
OCI status also does not grant the right to vote or contest elections in IndiaThe rules governing political activity and public demonstrations must be considered separately from those electoral restrictions.
Consequently, the question in Imran’s case is not simply whether he holds an OCI card, but whether his participation in the particular demonstration violated an applicable law, order or condition governing his stay in India.
What Role Did Kirit Somaiya Play In The Imran Khan Case?
Former BJP MP Kirit Somaiya brought the actor’s participation in the demonstration to the attention of the authorities. Following the October 10 gathering, Somaiya wrote to Mumbai Joint Commissioner of Police Manoj Kumar Sharma, questioning whether Imran had obtained the necessary permission to participate in the protest and seeking an investigation into the matter.
Somaiya also publicly called for action, arguing that a foreign national should not participate in political demonstrations in India. On October 13, he approached the Union Home Secretary seeking further action, including the issuance of a Look Out Circular (LOC) and measures to prevent the actor from leaving the country.
His complaint became a significant part of the sequence of events that brought the actor’s participation under scrutinyHowever, Somaiya’s request for an LOC and the subsequent immigration notice are distinct stepsThe notice was issued by the authorities, and the precise decision-making process and grounds for it should not be attributed to Somaiya alone without further evidence.
What Was The Protest Against Chief Election Commissioner Gyanesh Kumar About?
The demonstration in which Imran participated called for the resignation of Chief Election Commissioner Gyanesh KumarThe gathering took place at Mumbai’s August Kranti Maidan on October 10, 2026, in support of a protest organised by the Cockroach Janata Party (CJP). The protest became a matter of wider public attention after the actor was detained and his participation was questioned on the grounds of his foreign citizenship and OCI status.
The controversy has since expanded beyond the demonstration itself, placing the spotlight on the rules governing foreign nationals in India and the extent to which OCI cardholders can participate in political activity.
