New Delhi, Oct. 17 -- The Calcutta High Court's 2020 judgment quashing a notice directing a Polish student from Jadavpur University to leave India for participating in an anti-CAA rally may offer relevant legal grounds in actor Imran Khan's case, after he was directed to leave the country by October 28 following his participation in a protest in Mumbai against Chief Election Commissioner Gyanesh Kumar.

In its March 18, 2020, judgment, Justice Sabyasachi Bhattacharyya set aside the notice issued to Kamil Siedczynski, a Polish citizen pursuing an MA in Comparative Literature at Jadavpur University, under the Foreigners Act, 1946. The court found that the authorities failed to establish valid grounds for his expulsion and did not give him a meaningful opportunity to respond to the allegations before issuing the notice. The court held that the statutory power to regulate the stay of foreign nationals could not be exercised arbitrarily. It observed that Articles 14, 20, 21 and 22 of the Constitution protect foreigners in India, although Article 19's fundamental freedoms are available only to citizens.

The court stressed that Article 21 safeguards the life and personal liberty of foreigners while they remain on Indian soil. It further held that participation in a political rally, by itself, was not sufficient to justify expulsion in the circumstances of the case. The authorities had relied on a confidential report that did not establish a valid ground for the action. The court observed that a hearing offered only after the decision amounted to little more than an empty formality. The court declared the notice null and void and restrained the authorities from giving effect to it.

Khan, a US citizen and reported Overseas Citizen of India cardholder, was issued a notice by the Foreigners Regional Registration Office, Mumbai. The notice invokes Sections 7(2)(c) and 29 of the Immigration and Foreigners Act, 2025, which replaced the 1946 law. Khan has reportedly proposed to challenge the notice in the Bombay High Court.

Published by HT Digital Content Services with permission from Millennium Post.