Mumbai Police’s notice to actor Imran Khan asking him to leave India has brought his status as an Overseas Indian into focus. BJP leader Kiriti Somaiya had demanded action against Khan. The notice comes days after Khan participated in a Cockroach Janata Party (CJP)-backed protest at Mumbai’s August Kranti Maidan on October 10 where protesters demanded resignation of Chief Election Commissioners Gyanesh Kumar over allegations of electoral fraud.
Police said the action has been taken under the relevant provision of the Immigration and Foreigners Act.
A person’s OCI status can be cancelled on specified grounds , including sovereignty and security, under Section 7D of the Citizenship Act. But under Section 7B of the Citizenship Act, the OCI status does not confer political rights such as voting, holding public office and other things, which are conferred to Indian citizens as part of fundamental rights under Article 19 of the Constitution. In 2019, author Aatish Taseer’s OCI card was cancelled by the home ministry on the ground that he had suppressed information that his late father was of Pakistani origin. The scheme was launched during the Pravasi Bharatiya Divas convention 2006 at Hyderabad, by amending the Citizenship Act, 1955.
Overseas Citizen of India (OCI) scheme was launched in 2006 after the government amended the Citizenship Act, 1955.
Can an OCI cardholder participate in a political protest, and can the government order them to leave the country? An OCI cardholder remains a foreign national and holds the passport of another country. The card does not confer Indian citizenship or the full set of rights enjoyed by Indian citizens.
It provides for registration as Overseas Citizen of India (OCI) of all Persons of Indian Origin (PIOs) who were citizens of India on January 26, 1950, or thereafter or were eligible to become citizens of India on January 26, 1950, except who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify. The actor was among hundreds of people detained during the demonstration at August Kranti Maidan on October 10.
Earlier reporting noted: The Foreigners Regional Registration Office (FRRO) in Mumbai issued the notice following a complaint by Bharatiya Janata Party (BJP) leader Kirit Somaiya, who questioned Khan’s participation in the protest despite his foreign citizenship. Earlier reporting noted: But what does an OCI card allow its holder to do in India? Earlier reporting noted: Despite its name, OCI is not dual citizenship.
