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Bombay High Court Stays 'Leave India' Notice to Actor Imran Khan Until November 2

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Imran Khan v. Foreigners Regional Registration Office
Bench
Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna
Decided
Source
Verdictum
Bottom Line Up Front (BLUF)

The Bombay High Court, in Imran Khan v. Foreigners Regional Registration Office, kept in abeyance a FRRO notice asking actor Imran Khan, a US citizen, to leave India by October 28. The bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna adjourned the matter until November 2, following an oral assurance from the Additional Solicitor General that no coercive steps would be taken.

Ratio Decidendi · Legal Principle Established

The court exercised its discretion to keep an impugned notice in abeyance pending a full hearing, based on an oral assurance from the state's counsel that no coercive action would be taken in the interim.

Practice & Procedural Impact for Advocates

Advocates can seek interim relief and assurances from state counsel to prevent coercive action while a matter is pending. Litigants facing immediate deadlines in administrative orders may obtain temporary stays from the High Court.

Key Legal Takeaways

  • 1The Bombay High Court temporarily stayed a FRRO notice against actor Imran Khan.
  • 2The stay was granted until November 2, pending a full hearing of Khan's petition.
  • 3An oral assurance from the Additional Solicitor General prevented coercive steps against Khan.

The Legal Issue Actor Imran Khan, a US citizen, received a notice from the Foreigners Regional Registration Office (FRRO) directing him to leave India by October 28. This notice was issued after Khan participated in a protest. Khan challenged this notice before the Bombay High Court, seeking to prevent his immediate expulsion from the country.

Court's Reasoning The Bombay High Court, comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, considered Khan's petition. Khan's counsel, Venkatesh Dhond, highlighted the October 28 deadline for leaving India and sought an assurance that no coercive steps would be taken. Additional Solicitor General Anil Singh, appearing for the state, provided an oral assurance that no action would be taken against Khan until the next hearing. Solicitor General Tushar Mehta, representing the FRRO, requested time to respond to the petition. Based on the oral assurance, the High Court decided to keep the impugned notice in abeyance.

What Follows The Bombay High Court has adjourned the matter until November 2, 2024, for a full hearing of Imran Khan's petition. The FRRO's notice directing Khan to leave India by October 28, 2024, will remain in abeyance until that date. The Additional Solicitor General's oral assurance ensures that no coercive steps will be taken against Khan in the interim.

Read the Verdictum report