When the matter was taken up on Monday (October 23) morning, a division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was informed that the Solicitor General Tushar Mehta will be appearing and the matter was kept at 3pm.

In the post lunch session, senior advocate Venkatesh Dhond appearing for the actor sought an adjournment. The matter is now listed on Tuesday at 3pm.

Imran, a US citizen and an Overseas Citizen of India (OCI) Card holder, was detained by Mumbai Police on October 11 for participating in the protests against Chief Election Commissioner Gyanesh Kumar over the SIR process.

Leave India notice warns of prosecution under the relevant provisions of the Immigration and Foreigners Act, 2025 if Imran fails to leave India by October 28.

In his petition filed through advocates Zulfikar Memon, Parvez Memon and Chirag Naik, Khan has contended that the notice asking him to leave the country, was issued in haste merely on some complaints by political persons alleging that he had participated in the protests, whereas, there is no evidence as such to show that he participated in any protests or mobilised mob etc.

"The LIN directs the Petitioner to leave India by October 28, 2026 without disclosing any reasons, supporting material, or specific statutory contravention. It was issued without inquiry, a show-cause notice, or any opportunity for the Petitioner to respond to the alleged violations. Even a cursory application of mind by the FRRO before issuing a measure of such gravity would have revealed the Petitioner's subsisting OCI status and the undisputed facts relating to the underlying incident, namely, his unjust and brief detention by the police on October 10, 2026 near August Kranti Maidan at Nana Chowk. The record will show that - no gathering was taking place when the Petitioner arrived, he neither entered any restricted or barricaded area nor disobeyed the police direction to leave; and he was apprehended only after the media surrounded him while he was returning to his nearby vehicle," the plea reads.

The petitioner contends that he has not breached either any provision of the Immigration and Foreigners Act or the Citizenship Act, which governs his rights and duties as a OCI and neither does the notice cite any specific breach.

The plea points out that Khan has resided peacefully in India since the age of two (2), has deep-rooted familial, marital, educational, and professional ties to the country, and has no criminal antecedents. However, by disregarding these material facts, the authorities issued the notice, which reflects patent non-application of mind and the arbitrary targeting him as a public figure.

"Not only is the notice manifestly disproportionate, if implemented, it would reduce the very principles of natural justice that the Respondents are duty bound to uphold, to nothing but a dead letter. Accordingly, the Petitioner thus seeks urgent ad-interim relief against the operation and implementation of the impugned LIN and final relief as to its quashing," the plea prays.

According to the petitioner, he was 'illegally' detained even by the Mumbai Police even when he was not an active participant of the protests in fact, when he reached the site, the protests had not even commenced. He contended that he was picked up from the site while he and his family members were standing near the site and speaking to the media. He says that initially the police put them in their vehicles and the same was driven around the city for nearly an hour and then was taken to the Yellow Gate Police Station in South Mumbai. He said that he and his family members were let off as the police had no 'instructions' for detaining them.

"Upon enquiring about the reasons for his being apprehended, the Petitioner was informed by the senior officers present that they had no instructions in that regard. The Petitioner was subsequently informed that he and his family were free to leave the police station, whereupon they walked out of the premises. After leaving the police station, the Petitioner and his family attempted to hire a cab. However, certain police personnel followed them and intimidated the cab driver, as a result of which the driver refused to take their booking. The Petitioner and his family members were consequently compelled to continue on foot towards Bhendi Bazar, crossing the flyover along the way. Thereafter, they managed to arrange transportation and returned home," the plea states.

Further, the plea points out that Khan learnt that an FIR was lodged against him on a complaint by some political leaders and as a result within five days, the FRRO without applying his mind, issued the leave India notice in a 'haste.'

"The extraordinary haste with which the notice has been issued, within five days of the complaint said to have been made, strongly indicates that it was issued not upon an independent, objective and lawful assessment, but as a purely responsive measure and/or reaction and/or for extraneous reasons. During this interregnum, the Petitioner was served with no notice or summons, informed of no allegation, and afforded no opportunity whatsoever to explain his position. More fundamentally, the notice conspicuously ignores and makes no reference to the Petitioner's subsisting OCI status, thereby circumventing the statutory safeguards under the Citizenship Act, 1955, and proceeds to inflict the drastic consequence of expulsion without considering the complete and undisputed facts. An order of such grave civil consequence, passed in manifest breach of natural justice and without application of mind, is ex facie arbitrary, illegal, unconstitutional and legally unsustainable. It therefore warrants immediate judicial intervention and an immediate interdict, as well. The said notice deserves to be quashed and set aside," Imran submitted.