Bombay High Court to hear today petition filed by Actor Imran Khan who has challenged a "Leave India Notice" issued to him by the FRRO, Mumbai, for participating in the anti-CEC protests.
Bench led by Chief Justice Mahesh Chandra Tripathi is told that Solicitor General Tushar Mehta will appear in this matter.
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Bench is passing an order, clarifying that an OCI Card Holder can't be treated at par with Indian citizens. But has considered his undertaking and unconditional apology.
Bench orders continuation of the LIN suspension till the FRRO decides the matter after giving Imran an opportunity to respond to the said LIN.
Next Date is December 7.
CJ: In our order, we will say that you will give him some time to file his response... He will file his undertaking and unconditional apology etc. because some point of time you will show magnanimity and say this man must live here... Considering the fact that he has been living in our country for all these years and has worked here got recognition from here then you MUST SHOW A BIG HEART.
Also, we may clarify that an OCI Card Holder CANNOT CRITICISE OR VENTURE INTO ALL THIS BY LIVING HERE... THIS WILL NOT BE TOLERATED....
Go to USA and participate in protests there and you can even go and cast your vote but you protesting anything here won't be tolerated.
CJ: The person is there for so many years
Singh: then such a person has to be more responsible...
CJ: Mr Singh remember we practice Vasudhaiva Kutumbakam
Singh: Milords, our govt is known for following this principle... Our country is known for it across the globe...
CJ: Mr Singh, understand that the LIN date of October 28 has already gone. As far as law is concerned we are with you that you have the sovereign power and an OCI Card holder cannot venture into all this. But the ground reality is different.
ASG continues to oppose.
CJ: Suppose if Maharashtra Police comes later and says that there is no material against him, then what?
Dhond points out that his client has received OCI in 2006 and before that he had another facility of Person of Indian Origin.
CJ: Mr Singh, we are with you at least till the point of rights of OCI Card holder is concerned. But we feel he must be given an opportunity to object to your notice or respond to it.
Suppose he had not been there and there was no material on any site then in that situation what have you done?
Singh: Milords, courts have repeatedly held against them.
CJ: Yes we know that the law is settled that OCI Card holder cannot be treated at Par with Indian citizens.
Singh: Milords, courts have repeatedly upheld our unfettered powers.
ASG Singh is vehemently opposing the plea by Imran pointing out that Imran has no legally enforceable rights since he is an OCI Card holder.
Singh: the fundamental right to a foreigner is only under Article 21 and he has no right to reside here... This I say based on Supreme Court rulings.
ASG Singh: Milords, in his plea he has just said that he went to the protests site out of curiousity... But on social media he has instigated people... This court shouldn't protect him... There are SC judgments saying even if someone has a lifelong Visa they can still be stopped from entering India... An OCI Card holder has very limited rights Milords. I have an unfettered right against a foreigner... He has to go and he can't continue living in India for now...
CJ: Mr Singh his entire pleading is on principles of natural justice... At least before passing such an order against someone who has lived here for such a substantial period of time without giving an opportunity of hearing, can such an order be passed, especially considering the fact that he hasn't violated any law of the land all these years.
CJ: What's your age?
Dhond: 42 years.
CJ: So probably all these years, living in India, you probably have forgotten that you are an OCI Card Holder (smiles)
CJ: Suppose you have participated inadvertently etc then you need to apologise without such unconditional apology we will not accept your undertaking... Because you are not even remotely affected by SIR... You have no business there... You need to understand that you as an OCI Card holder aren't at par with Indian citizens...
Additional Solicitor General Anil Singh for Union Govt. points out that Imran has given interviews and put on social media certain posts to instigate citizens.
CJ: You are OCI holder you are here showing your OCI showing unemployment you cannot behave like an Indian citizen... You are not even remotely affected by the SIR therefore you have no right to protest or participate in these protest...
J Sethna: Right to protest isn't even available to an OCI holder.
Dhond: Milords, I don't want to get into the larger question of law.
CJ: Since you are here right from your childhood why don't you apply for Indian citizenship? Since u have studied here, worked here everything here then apply for Indian citizenship... This all behavious etc in public... You have known it... if you want to remain an OCI Card holder, you will have to give an undertaken... Give an undertaken saying you won't participate in such protests again.
Dhond: I am making an undertaking right away saying I voluntarily I am making this statement that I will not participate in any protests and will not encourage or instigate anyone to participate in such protests...
CJ: Mr Dhond this type of undertaking will have to come along with an unconditional apology... You will have to apologise because all this is instigation... This is least expected from a celebrity... You have worked here you got all recognition etc from here... You cannot instigate citizens... Being a celebrity you have so many followers... Any statement from you is decisive.... You just cannot instigate anyone here...all your livelihood, bread butter etc are from this country... See the magnanimity of the country they have always accepted you without knowing that you are an OCI Card holder... You must own it.