Imran Khan told to leave India, Dhruv Rathee under scrutiny: BJP's concerns over citizenship and the law
Mumbai Police have ordered Bollywood actor Imran Khan, an American national holding an Overseas Citizen of India (OCI) card, to leave the country by October 28. The departure notice followed his brief detention during a demonstration on 10 October at August Kranti Maidan in Mumbai, where protesters demanded the resignation of Chief Election Commissioner Gyanesh Kumar. BJP leader Kirit Somaiya filed a complaint urging action against the actor, maintaining that foreign citizens are legally barred from participating in political activism in India. Police subsequently forwarded the complaint to the Foreigners Regional Registration Office to examine whether visa conditions were breached.
BJP targets digital creators over nationality claims
A similar citizenship controversy has emerged around digital creator Dhruv Rathee. Former Bengaluru Police Commissioner and BJP leader Bhaskar Rao recently wrote to the Union Home Secretary on requesting a formal inquiry into Rathee's citizenship and immigration status. Rao raised questions over whether Rathee holds German nationality or OCI status, asking authorities to verify if his address at a Bengaluru rally regarding electoral roll revisions complied with visa rules. Refuting these claims, Rathee released a video displaying his Indian passport.
Legal framework governing protests by non-citizens
Under Article 19 of the Indian Constitution, rights to peaceful assembly and free speech are reserved strictly for Indian citizens. Introduced in 2005, the OCI scheme grants foreign nationals of Indian origin lifelong entry privileges and specific economic benefits, but explicitly prohibits voting or holding political office. While OCI regulations do not explicitly list attending peaceful public meetings as a forbidden activity, foreign visitors remain subject to immigration regulations. Under Section 7D of the Citizenship Act 1955, the central government may cancel OCI registration on specific grounds, including national security, sovereignty, or public interest.
Constitutional protections and legal options
Foreign nationals in India are not left without constitutional protections. Article 14 guarantees equality before the law, whilst Article 21 safeguards life and personal liberty for every individual in India, regardless of citizenship. Furthermore, Section 7D requires authorities to provide OCI cardholders with a reasonable opportunity to be heard before cancelling their status. Individuals facing administrative action can challenge orders in High Courts under Article 226 or approach the Supreme Court. Those subjected to unlawful detention can also seek immediate judicial intervention to protect their personal freedom.