Fahim Ansari, acquitted in the 26/11 case, seeks a Police Clearance Certificate to work as an auto driver. Despite no proven terror links, authorities denied his request, sparking a legal battle.
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MUMBAI: Fahim Arshad Mohammad Yusuf Ansari, who was the only person found not guilty in the 26/11 Mumbai terror attack case, has now asked the Bombay High Court for a Police Clearance Certificate (PCC).
He needs this certificate so that he can legally work as a commercial auto-rickshaw driver.
The police refused to give him the certificate, saying that he was connected to the terrorist group Lashkar-e-Taiba (LeT). However, Ansari has denied this claim completely.
At first, the case was scheduled to be heard by a Division Bench of Justices Revati Mohite-Dere and Neela Gokhale.
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But both judges stepped away from hearing the matter.
Now, the case will be heard by a different Division Bench, led by Justice Sarang Kotwal, on March 18.
Ansari was arrested in December 2008 for the 26/11 Mumbai terror attacks while he was already in jail for another case in Lucknow, Uttar Pradesh.
In that Lucknow case, he was accused of crimes related to waging war against the country. He was found guilty and sentenced to 10 years in prison. He completed his sentence and was released in 2019.
Even though he was arrested for the 26/11 attacks, a special court found him not guilty in May 2010. The court said there was no evidence to prove the charges against him, including the claim that he helped the attackers by making maps of Mumbai. Later, the Bombay High Court confirmed this decision in 2011, and in 2012, the Supreme Court also rejected the State’s appeal against his acquittal.
After he was released, Ansari started working at a printing press called Print Express Byculla. He continued this job until 2020, when the COVID-19 pandemic started. Due to financial difficulties, he worked as a food delivery executive for some time.
Later, he got another printing press job in Mumbra. However, because of financial struggles and not earning enough to take care of his family, he decided to start driving an auto-rickshaw for a stable income.
On January 19, 2024, Ansari got a three-wheeler driving license. On May 18, 2024, he applied for a Police Clearance Certificate, which is needed to get a Public Service Vehicle (PSV) Badge. This badge is necessary for legally driving an auto-rickshaw for commercial purposes.
However, his request for the certificate was denied. In August 2024, he filed a request under the Right to Information Act, 2005 (RTI Act) to know the reason behind the rejection. He was then informed that his application was denied because he was allegedly connected to Lashkar-e-Taiba.
Ansari has now challenged this in the Bombay High Court. In his petition, he has stated,
“Refusing to award the Police Clearance Certificate to the Petitioner on the ground that he was a member of LeT is entirely arbitrary, discriminatory and an action seeped in prejudice.”
He also says that rejecting his request for the certificate violates his fundamental rights, including the right to earn a living and the right to life, which are protected under Articles 19(1)(g) and 21 of the Indian Constitution.
Ansari argues that since he has already completed his sentence for the Lucknow case, he should not face additional legal problems in getting the Police Clearance Certificate.
“The Petitioner having suffered the full impact of punishment, and paying his dues to the society for the offence he committed in the former, is legally entitled to engage in gainful employment, free from any legal blemish or barriers and the withholding of the Police Clearance Certificate without any basis in law or in fact is a violation of the rights guaranteed to the Petitioner under Article 19(1)(g) and Article 21 of the Indian Constitution,”
-the petition says.
The petition also mentions that the authorities have not provided any solid evidence to prove that Ansari has any links to Lashkar-e-Taiba.
Therefore, he has requested the Bombay High Court to order the authorities to issue him the Police Clearance Certificate. He has also urged the Court to make sure that his past arrest and trial in the 26/11 case do not prevent him from getting job opportunities or accessing public services.
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