Actor Imran Khan apologises to Bombay HC over SIR protest, vows not to join future demonstrations

The 42-year-old actor submitted a signed apology and an undertaking through an affidavit on Monday, after the court questioned his involvement in the demonstration held in Mumbai on October 10.

Khan was detained during the protest and subsequently received a Leave India Notice (LIN) from the Foreigners Regional Registration Office (FRRO), directing him to leave the country.

In his undertaking, Khan assured the court that he would neither participate in any protest in the future nor encourage others to join such demonstrations.

“I shall not participate in any protest in the future, nor shall I directly or indirectly influence or instigate others to participate in any such protest,” he stated.

He also emphasised his attachment to India, saying he had the “utmost love and respect for this great nation and its Constitution”.

Court questions actor’s right to protest

The apology followed strong observations from a bench comprising Chief Justice MC Tripathi and Justice Advait Sethna, which questioned Khan’s participation in a political demonstration despite being an American citizen holding an Overseas Citizen of India (OCI) card.

The bench told the actor that his OCI status did not give him the same political rights as an Indian citizen and sought a categorical undertaking that he would stay away from future protests.

“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 observed.

When senior advocate Venkatesh Dhond, appearing for Khan, pointed out that the actor had spent most of his life in India and acquired US citizenship by birth, the court said his place of birth did not alter his status as a foreign national.

“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 remarked.

The bench also questioned why Khan had not applied for Indian citizenship, considering that he had grown up in the country and built his acting career in Bollywood.

“Since your childhood you have been here. Why don't you accept Indian citizenship? You have become a Bollywood star here,” it said.

'Only a spectator'

In his affidavit, Khan maintained that he had not intended to participate in the protest and had visited the location only to observe what was happening.

“I had no intent,” he said, adding that he had neither made any demands nor taken part in the demonstration as an active participant.

His legal team, MZM Legal, told the court that Khan was born in the United States and had initially held a Person of Indian Origin (PIO) card before obtaining OCI status in 2006.

Dhond also submitted that the actor had married and worked in India and had not fully understood the implications of attending the protest.

Khan further highlighted that he had spent 40 of his 42 years in India and had consistently followed the country's laws.

“In the last 42 years of my life, 40 of which have been spent in India, I have strictly adhered to the law and honoured the laws of this great nation in their letter and spirit,” he stated in the affidavit.

The actor also referred to his tax contributions and employment generation, saying he had contributed to the country in his own small way.

“My life, profession and affiliation are all confined to this great nation,” he said.

Centre opposes actor’s submissions

Additional Solicitor General Anil Singh, appearing for the FRRO, opposed Khan’s submissions and referred to his social media posts and an interview as evidence of his involvement in the protest.

Singh also alleged that the actor had participated in several demonstrations in the past and made provocative statements.

He argued that tendering an apology could not, by itself, absolve a foreign national of the allegations against him.

The bench, meanwhile, cautioned Khan that his public profile and substantial social media following meant his statements could have wider consequences.

“You are a celebrity and what you say has consequences. See the magnanimity of this country. You are an OCI cardholder and all your recognition is from India, Maharashtra,” it observed.

Court says apology is not a ‘green signal’

The High Court reiterated that OCI cardholders could not participate in political activities in the same manner as Indian citizens.

It also made clear that Khan’s apology and undertaking should not be interpreted as permission to join similar demonstrations.

“They are here at the mercy of the government. They can't stay here and criticise. This cannot be accepted. The tendering of the apology is not a green signal,” the bench said.

The court acknowledged the government’s authority to deport foreign nationals but said the circumstances surrounding Khan’s alleged involvement in the protest would also require consideration.

The observations came during the hearing of Khan’s petition challenging the Leave India Notice issued by the FRRO.

The notice had been kept in abeyance last week by the same bench.

On Monday, the court took note of the actor’s unconditional apology and undertaking while continuing to keep the notice in abeyance.

The matter has been listed for further hearing on December 7.