'Go, Demonstrate In US': Top Lawyer On 'Leave India' Notice To Imran Khan

If you want to demonstrate against India, go back to your chosen country, the United States of America, senior lawyer Mahesh Jehtmalani told NDTV, defending the notice to actor Imran Khan to leave India after he participated in October 10 protest in Mumbai, seeking the resignation of Chief Election Commissioner Gyanesh Kumar. 

Actor Imran Khan, a US citizen and an Overseas Citizen of India (OCI) cardholder, will approach the Bombay High Court challenging a notice issued by the Mumbai Police directing him to leave India by October 28 for allegedly violating rules by participating in a political demonstration.

"You don't have an allegiance to a country, you are an OCI. You may have some feelings for the country, but you are an OCI, you haven't accepted the citizenship of this country. It's very clear, you get a passport and you have a right to vote because you are a citizen of this country," Jethmalani, a former BJP Rajya Sabha member, said.

He then pointed out that an OCI card is contingent upon the person obeying the laws of the host country.

"As an OCI or as a tourist or a student, you get these permissions on the condition that you obey the laws of this country. If you want to go and peacefully demonstrate, you demonstrate against India in America, your chosen country. Who are you to tell us what to do or our government? Then don't go and join sit-ins over here," he said.  

According to officials, Khan, the nephew of Bollywood superstar Aamir Khan, was served a departure order after authorities invoked statutory provisions under Section 7 (2)(C) and Section 29 of The Immigration and Foreigners Act, which grant powers to the government to restrict the movement of foreign nationals and enforce their mandatory removal.

Jethmalaini pointed out that the actor cannot be the part of any protest as he does not have the rights here. 

"You don't have 19 A rights or 19 PB rights to assemble peacefully without arms. Sorry, then come to this country and claim that right. Don't take an OCI and then behind that veneer, you start abusing your country of origin," he stressed.

The lawyer then highlighted that India is only doing what America, the actor's country, is doing to its protesters. 

"And if you're a foreigner, you come on the condition. This is happening in America today. So, what your country of choice does to others, we are doing to you. You want to protest against the government, right? Don't do it here. We have a right. You may say we are overtly sensitive, but this is becoming too much," he said.

The lawyer then raised questions on the motive of these young protesters, questioning their role. He particularly mentioned popular YouTuber Dhruv Rathee, claiming that he is a German. 

"Dhruv Rathee is a German, don't know what Saurav Das is. Dipke was a resident in America though he is an Indian citizen. So, you know, we are entitled to be a little suspicious of your motives," he claimed.

Dhruv Rathee, in a video message on Friday, said he holds an Indian passport. And India does not allow for dual citizenship. Abhijeet Dipke, who is the founder of the Cockroach Janta Party, was a student at Boston University, but is from Pune. Similarly, Saurav Das, a member of the CJP, is an Indian. 

When it was put to Mahesh Jethmalani if there's some kind of external influence in the way in which these protests are happening, he answered in the affirmative. 

"Absolutely. Absolutely. It'll all come out," he said.

Isn't this a familiar playbook to discredit a movement, NDTV asked him. 

"I don't care if it's a familiar playbook. If it's a true playbook, so what? If it's a true playbook, right, then what's the problem?" he countered.