[This Article was originally published on tilakmarg.com in 2012]
On the 29th of September 2012, Adnan Sami, a well-known Pakistani singer who has sung for many Bollywood movies, albums and shows in India, approached Delhi High Court with a writ petition. He wants clearance to buy a property in Delhi, namely a flat in the DLF Capital Greens in the city. He wants the High Court to strike down a Reserve Bank of India circular that prohibits persons of certain nationalities, including Pakistanis, from buying immovable property in India without its prior permission.
In his petition, Sami has stated that he is residing continuously in India for the past 13 years and has even sung a song for the World Cup Cricket for the Indian Team. He pleads that being a professional artist and residing in India for such a long period of time, he should be eligible to buy a house for himself. His argument is that the Foreign Exchange Management Act of 1999 recognizes the rights of “person resident in India” and it is under this category that he claims he is eligible to purchase a property in India. According to Adnan Sami, the RBI circular is discriminatory as even after long residence, it requires a foreign citizen from certain countries (such as Pakistan) to seek permission from RBI for buying a property in India. He argues that this RBI circular is discriminatory as it prohibits nationals of some countries (such as Pakistan) from buying properties in India.
Let us now examine the claim made by Adnan Sami in his petition as to whether it is legally tenable.
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