A Division Bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna briefly heard the case. The Central government's counsel asked for an adjournment until November 2.
Senior Advocate Venkatesh Dhond, appearing for Khan, noted that Khan was required to leave the next day as per the FRRO directive. The ASG assured that nothing would happen before the next hearing.
The court agreed to adjourn and ordered that the FRRO notice be kept on hold until the next hearing. The order stated, "ASG seeks time. Matter stands over to November 2 at 3 pm. The order under challenge shall be kept in abeyance till the next date."
Khan had filed a petition on October 17 seeking to quash the October 14 Leave India Notice. He also sought an interim stay on his deportation, issuance of lookout notices, and any interference with his Overseas Citizen of India (OCI) status.
The October 14 notice followed Khan's brief detention after participating in protests against Chief Election Commissioner Gyanesh Kumar. It also came after a complaint by BJP leader Kirit Somaiya alleging public-order violations.
Khan argued that the FRRO notice was issued solely because he attempted to attend the protest. He claimed that the authorities acted hastily without giving him a prior hearing, bypassing his statutory rights due to political pressure on social media rather than independent reasoning.
He stated that the FRRO circumvented the Citizenship Act, which requires a formal show-cause notice and a reasonable opportunity to be heard before revoking OCI residency.
