on Oct 14, or its “proportionality”, others back the action as “legally appropriate. ” While several question the “haste” and alacrity with which the Office of the Foreigners Regional Registration Officer (FRRO) issued him the notice four days after the pro-CJP protest. Mumbai: Legal experts are divided on the ‘Leave India notice’ issued to Imran Khan on Thursday.
Sorab Kirpal, senior advocate from Delhi, said, “An OCI in India does not have the right to protest under Article 19 (1), however even such person has constitutional protection under Article 14 (right to equality) against arbitrary and indiscriminate state action. Unless govt argues every OCI holder who has ever gone to a protest in India has been acted against similarly, the fundamental right to equality—applicable even to foreigners—can be invoked by the OCI holder. If court finds the state action prima facie arbitrary, it can stay such action, as interim order, pending further hearing.”
Senior counsel Amit Desai said, “Imran Khan is a respected actor. I wonder if anything he said has flouted any legal provisions to ask him to leave at short notice. “He may technically be a foreigner with a foreign passport, but he has stayed in India for long,” the ex-judge said, adding, from media reports it appears he merely joined a group of assembled protesters. The SC has upheld applicability of these other fundamental rights to foreigners, the former judge said and cited a recent July SC judgment in Sabitri Dey vs Union of India. The SC said, “A person proceeded against before a Foreigners Tribunal may ultimately fail to establish Indian citizenship, but the process… must still satisfy the constitutional requirements of fairness, reasonableness and non-arbitrariness. ”
We respect our OCIs and encourage them to come to India and contribute to India – culturally or otherwise. But to deprive him from his family and friends for an indefinite period seems a bit unfair – only for attending a protest. A former HC judge questioned the haste with which the FRRO notice was served and provisions of the Foreigners Act invoked.
The issue before the SC bench of Justices Vikram Nath and Sandeep Mehta was whether persons declared ‘foreigners’ were heard.
But possibly such orders can be challenged in a case on grounds of violation of Article 21, which deals with right to life and personal liberty since it applies even to non-citizens.”
Former SC judge Justice Abhay Oka said, “Govt has apparent power to issue the order which they have.