An Overseas Citizen of India detained at a Mumbai protest has been told to leave the country, raising questions about executive powers over OCI holders under the new immigration law.

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• An OCI cardholder detained at a protest in Mumbai on 10 October was served a Leave India Notice by the Foreigners Regional Registration Office, directing departure by 28 October.
• The notice was issued under the Immigration and Foreigners Act, 2025, in force since September 2025.
• The Act consolidated four laws: the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946 and the Immigration (Carriers' Liability) Act, 2000.
• Section 7(2)(c) lets the government direct a foreigner not to remain in India, and Section 29 allows removal for breaking the law or on an adverse security report.
• These powers have been delegated to FRROs since September 2025, and the Act provides no statutory hearing or appeal.
• OCI is not dual citizenship; the category was created by the Citizenship (Amendment) Act, 2003, under Sections 7A to 7D.
• OCI holders get a lifelong multiple-entry visa and no FRRO registration, but cannot vote, contest elections or hold constitutional offices under Section 7B.
• Article 19 freedoms belong only to citizens, while Articles 14 and 21 protect all persons.
• A separate route, Section 7D of the Citizenship Act, allows OCI cancellation, and since 2019 the holder must get a reasonable opportunity of being heard.
• A March 2021 notification requires special permission for activities such as research, missionary work and journalism, but does not list participation in protests.
• In Hans Muller (1955) the Supreme Court held the power to expel foreigners is absolute, and the Calcutta High Court in 2020 quashed a Leave India Notice to an OCI cardholder.
• The cardholder's remedies are a representation to the FRRO or the Centre, or a writ petition under Article 226.

Tags: OCI, ImmigrationAndForeignersAct, FRRO