MUMBAI: Bombay high court on Monday continued its interim relief against Centre’s Leave India Notice to actor Imran Khan Pal, 44, a US citizen and an Overseas Citizen of India (OCI), after he furnished a prepared undertaking and added an unconditional apology which the court sought. The central government’s Foreigner Registration Regional Officer (FRRO) had given him 2 weeks to leave India, four days after registering an FIR against Khan for unlawful assembly in Mumbai during an October 10 protest against the ongoing Special Intensive Revision (SIR) of voter rolls and the CEC.

Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said, “OCI card holders are not Indian citizens." They were hearing a petition Khan filed to challenge the Leave India notice as arbitrary and in violation of his right to life.

“You cannot behave like an Indian citizen. You are not even remotely associated with the SIR process,’’ said the CJ orally to Khan, via his senior counsel VR Dhond, who said he was ready with the undertaking.

“Right to protest is not even available to you as an OCI…” added Justice Sethna. Dhond said they are not getting into the legality of the Constitutional rights but under Article 21—right to life and liberty which is available to non-citizens, principles of natural justice do accrue.

The CJ asked what was Khan doing at the protest site and how was he connected? “What for were you there? There is a complete difference between rights of an OCI card holder and a citizen of India. You will have to categorially make a statement that you have no association with the protest…”

Dhond referring to pleadings in the petition said, “glad you asked. He (Khan) has no association or affiliation with those who organised the protest the Chief Election Commissioner (CEC)."

Additional Solicitor General Anil Singh for the FRRO tendered a compilation to the bench and argued that it was not an isolated instance and that Khan “instigated’’ people on social media.

Khan has been in India since he was 2 years old, for the last 42 years, said Dhond having studied here, worked here, married and having a child in India. He should be heard, Dhond argued. The State said an FIR is registered against Khan.

Dhond said but neither has the actor been summon nor called for any probe and all offences including disobedience of orders and unlawful assembly are bailable offences. The actor was passing by and was curious to see the protesters as mentioned in the petition, Dhond submitted.

“I(Khan) have at the moment no film in hand. Have nothing to do with those who organised the protest. The HC can take an undertaking that I (Khan) have no part in the protest. Before I (Khan) could even reach the site there was a police bandobast…’’ Dhond submitted.

The ASG questioned the veracity of Khan’s claim over how he landed at the protest spot saying “It is a misleading statement. That out of curiosity he went there to check…He is part of the protest."

Singh said the actor is a US citizen and the Centre is within its power to expel him. The Centre “requires no foundational basis to expel a foreigner from the India,’’ said Singh.

“Hence there is no question of granting any protection. He takes all benefit as citizen of US and as your lordship just said Article 19 doesn’t apply to OCI. The (FRRO) has taken a decision to remove a foreigner. It is the Centre’s discretion. A visa too doesn’t mean a foreigner has all the rights to enter India.”

“If you read the petition the impression given is that…he was curious… but see he has given an interview…” Singh submitted. The HC sought a reply from the Centre. “It is better that you (Centre) respond. Khan will have a chance to file a rejoinder. We can then decide the matter," said the bench.

The bench remarked, “This case is purely distinguisshable…He has on his OCI registration said he is “unemployed."

The Judges said to Khan, “Why don’t you accept India citizenship. You work and live here. You make films here. You are a celebrity. Why don’t you apply for Indian citizenship…You have to give a categorical undertaking that you will not participate in any such protest as you are an OCI and these are not available to OCI card holders."

Dhond tendered the undertaking and the Chief Justice said, “If this kind of undertaking comes, you have to tender one with an unconditional apology…You (Khan) have everything and recognition pan India. Your (Khan’s) one statement would have decisive impact (on fans)."

The CJ Tripathi and Justice Sethna orally said, “It is least expected. You (Khan) are a responsible person. Literate and highly educated. you come from a responsible family. You have a great following. Since childhood you are in India. And the country has never raised such an issue against you in the past…you cannot behave or be placed on par with Indian citizens…’’ The bench on seeing the Centre’s compilation said, “You cannot say, ‘I was a novice and had no idea."

Dhond sought a copy of the compilation, saying they cannot tender fresh material across the bar.

The CJ said, “Inadvertently if you had participated then there should be regret on oath. You (Khan) had no role at all in the SIR. Whatever statement you have made. You should make an unconditional apology. We will record in the order."

The ASG said, “This undertaking and apology is by a foreigner as an OCI holder falls within definition of a foreigner. This is not merely a question of participation in a protest

The CJ at one point said smilingly, Khan has lived here for so long that he “forgot that perhaps you are an OCI". Power of govt to expel a foreigner is absolute court has held

The ASG Singh said, "A foreigner has no right to stay in India Or remain in India."

OCI card holder doesn’t alter the situation

"OCI card holder is not a citizen of India." The bench orally said to the ASG "That the Centre has unfettered power (to remove a foreigner) we agree. But this is a case of a dispute..." and the CJ said "Vasudeva Kutumbakam and smiling said once apology is tendered perhaps the Centre would be "magnanimous".

HC CJ recorded that Khan has tendered an unconditional apology and posting the matter to December 7 at 3pm said in the end to Khan’s counsel, "you must tell your client

that filing an apology doesn’t mean it is a green signal to say or do anything...You can go to the USA and cast your vote and participate in protests there... It is a very serious matter."

Imran Khan’s legal team also comprised Kunal Vajani, Zulfiquar Memon, Parvez Memon and Chirag Naik.