Actor Imran Khan faces deportation demand: Can OCI cardholders join political protests in India

The rights of Overseas Citizens of India (OCI) cardholders have come under scrutiny after actor Imran Khan joined a demonstration supporting the Cockroach Janta Party (CJP). BJP leader Kirit Somaiya has sought action against the actor, raising questions about whether OCI cardholders can participate in political protests. Mumbai Police have forwarded Somaiya's complaint to the Foreigners Regional Registration Office (FRRO), which deals with matters involving foreign nationals. The controversy has brought attention to the rights and restrictions that apply to OCI cardholders in India. While they enjoy certain privileges, they do not have all the political rights available to Indian citizens. However, the legal position on participation in a protest needs to be distinguished from the restrictions on voting and holding elected office. What is an OCI card? The Overseas Citizenship of India scheme was introduced in 2005 for eligible people of Indian origin who hold foreign citizenship. Despite its name, an OCI card does not make its holder an Indian citizen. An Overseas Citizen of India (OCI) cardholder is a foreign national holding a passport issued by another country who has been registered under Section 7A of the Citizenship Act, 1955. The scheme provides certain privileges, including a lifelong, multiple-entry visa to India, subject to applicable rules. OCI cardholders also receive specified benefits relating to education, property and certain professional activities. However, they cannot vote in Indian elections, contest elections to Parliament or state legislatures, or hold certain constitutional posts reserved for Indian citizens. Can OCI cardholders participate in political protests? Indian law does not establish that simply attending every public protest is automatically illegal for an OCI cardholder. However, OCI status does not provide the same political rights as Indian citizenship, and the circumstances of a person's participation may be examined under applicable laws and rules. Section 7B of the Citizenship Act, 1955, sets out the rights and privileges available to OCI cardholders. Restrictions on political and public employment rights mean that OCI cardholders cannot claim certain rights available exclusively to Indian citizens. However, these restrictions do not, by themselves, establish that merely being present at a protest is a criminal offence. Whether a particular person's participation violates any law or applicable conditions depends on the facts and the rules involved. What does the Constitution say about freedom of speech and assembly? Article 19 of the Indian Constitution guarantees citizens the right to freedom of speech and expression and the right to assemble peacefully and without arms, subject to reasonable restrictions. These rights are specifically available to Indian citizens. Foreign nationals, including OCI cardholders, cannot claim Article 19 protections on the same basis as citizens. However, other constitutional protections apply more broadly. Article 14 guarantees equality before the law, while Article 21 protects life and personal liberty. These provisions apply to all persons, including foreign nationals, subject to the law. The restrictions on voting and contesting elections are separate from the question of whether an OCI cardholder can participate in a protest. Why has Imran Khan faced a deportation demand? Khan was among several people detained by Mumbai Police during a protest supporting the CJP . Speaking to the media, he said he had attended in his individual capacity and was not representing any organisation. “I don't have demands. I am here as a citizen, as a person who lives in this city. I am here to see why freedom of movement is being restricted. Why are people's voices being suppressed? That is why I am here. I don't have any right to demand anything from people. I am not a part of any organisation. I will stand as a representative,” the actor was quoted as saying by ANI. Following his participation, Somaiya wrote to Mumbai Police seeking an inquiry and action against the actor, alleging that his status as a foreign citizen raised questions about whether he was permitted to participate in the demonstration. On X, Somaiya said, "I wrote to Mumbai Police to check Foreign Citizen Actor Imran Khan participated in today's CJP agitation , which didn't have permission. He was detained.” Police subsequently forwarded Somaiya's complaint to the FRRO. I wrote to Mumbai Police to check Foreign Citizen Actor Imran Khan participated in today's CJP agitation, which didn't have permission. He was detained. Can a foreign citizen allowed to do such illegal things!!?? Participate in a Political Agitation? Requested Action @BJP4India @Dev_Fadnavis — Kirit Somaiya (@KiritSomaiya) October 10, 2026 Can an OCI cardholder be detained or deported for joining a protest ? An OCI cardholder remains a foreign national and is subject to Indian laws governing foreigners and immigration. Authorities can examine alleged violations of applicable laws, visa conditions or OCI rules. Section 7D of the Citizenship Act outlines the conditions under which OCI registration can be revoked, including grounds related to national security, sovereignty and other circumstances specified in the law. However, a complaint or allegation does not automatically justify cancellation of OCI registration or deportation. Section 7D(b) of the Citizenship Act allows the Central Government to cancel an OCI cardholder’s registration if it determines that the individual has shown disaffection towards the Constitution of India as established by law. 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