Constitution protects every person, not just citizens: Senior lawyer Majeed Memon on deportation notice to Imran Khan | Exclusive

Mumbai: Senior lawyer Majeed Memon has questioned the legal basis of a notice directing Imran, a foreign national accused of participating in a protest against the Chief Election Commissioner, to leave India by October 28.

Memon argued that merely being part of a protesting crowd cannot justify special action against an individual unless authorities establish a specific violation of the law or the conditions governing their stay in the country.

“Imran is supposed to have participated in the protest crowd. The allegation against Imran has been that he has been among the crowd protesting against the Chief Election Commission. Beyond that, there is no other specific accusation which would warrant special treatment to him,” Memon said.

He also criticised what he described as a mistaken understanding of the constitutional rights available to foreign nationals in India.

“He is not an Indian citizen, and therefore his case is being distinguished by the police on the assumption that not being an Indian citizen, the Constitution does not help him. This is a wrong notion. The Constitution of India protects every person and not every citizen. And therefore, to say that a non-citizen is outside the protection of the Constitution of India is an erroneous assumption,” he said.

Questioning the notice requiring Imran to leave Indian territory before October 28, Memon maintained that such a direction could be legally challenged if authorities failed to establish any breach of the conditions of his stay.

“Moreover, the notice issued to him for removing himself from Indian territory before 28th of October is challengeable, unless it is established that he has breached the terms of his stay in India by any specific act of omission or commission,” Memon said.

“He cannot be asked to do so only because he participated in a protest—only because the establishment is antagonized for his participation in the protest,” he added.

The senior lawyer’s remarks have brought attention to the legal grounds for action against foreign nationals involved in public demonstrations and the constitutional safeguards available to non-citizens in India.