The Maharashtra government told the Bombay High Court that Faheem Ansari, acquitted in the 26/11 Mumbai terror case, can take up any job that does not require police clearance. His plea seeking a certificate to drive an autorickshaw will now be heard in a closed chamber.
Mumbai: The Maharashtra government has informed the Bombay High Court that Faheem Ansari, who was acquitted in the 26/11 Mumbai terror attacks case, is free to take up any job that does not need a police clearance or character verification certificate.
The government made this submission on Tuesday, just a day before the 17th anniversary of the horrific terror attacks which killed 166 people and injured over 300 others.
Faheem Ansari had approached the High Court in January seeking a Police Clearance Certificate so that he could earn his livelihood by driving an autorickshaw.
However, the state government earlier rejected his request, stating that he remains under watch and is suspected of being linked to a banned terrorist organisation.
On Tuesday, Additional Public Prosecutor Amit Palkar submitted a list before the court clearly mentioning which jobs require police clearance or character verification. He told the court that government, semi-government and municipal jobs require this certificate mandatorily.
The same requirement also applies for RTO badges and permits, teaching jobs in schools and colleges, and security guard positions. For private companies, requesting police verification remains optional.
Palkar informed the court that Ansari is free to work in any profession that does not need such clearance. He also requested that the matter be heard in a closed chamber since the police have submitted a confidential report regarding Ansari’s alleged links with the banned terror outfit.
Accepting this request, the bench agreed and stated that the plea will be heard in chamber later this week.
The background of this case is linked to the devastating 26/11 Mumbai terror attacks, where ten Pakistani terrorists carried out coordinated attacks on major locations including Chhatrapati Shivaji Maharaj Terminus, Taj Hotel and Oberoi Hotel.
The attacks lasted for nearly 60 hours and shook the entire nation. While nine terrorists were killed during the operations, Ajmal Kasab was caught alive.
ALSO READ: 26/11 Mumbai Attacks | NIA Successfully Extradites Accused Tahawwur Rana from US
In May 2010, a special court convicted Kasab and sentenced him to death but acquitted Fahim Ansari and Sabauddin Ahmed, stating there was lack of evidence against them.
The court had noted that although they were accused of aiding Lashkar-e-Taiba, the prosecution failed to prove their role beyond doubt. Their acquittal was upheld by the Bombay High Court and later by the Supreme Court as well.
However, Ansari was later convicted in a separate case in Uttar Pradesh, where he was sentenced to 10 years in prison. After serving his full sentence, he was released in 2019.
In his petition before the High Court, Ansari argued that refusal of the police clearance certificate was unfair and violated his right to earn a livelihood. He clearly stated that his denial was “arbitrary, illegal and discriminatory” and that it infringed his fundamental right to work.
He further stated in his plea,
“The petitioner is legally entitled to engage in gainful employment, free from any legal blemish or barriers,”
and argued that being tried in the 26/11 case cannot be used as a permanent ban on his employment opportunities, especially when he has been acquitted by all courts.
Ansari explained that after his release, he worked at a printing press in Mumbai, but the business shut down during the COVID-19 pandemic.
Later, he found another job at a printing press in Mumbra, but the salary was very low. To improve his livelihood, he applied for an autorickshaw licence, which was granted to him on January 1, 2024.
To legally operate the autorickshaw for commercial purposes, he then applied for the mandatory Police Clearance Certificate.
When he did not get any response, he filed an RTI application and was informed that his request was rejected because he was allegedly linked to a terrorist outfit.
The prosecution has claimed that Ansari and Ahmed had prepared maps of Mumbai and handed them over to the conspirators in Pakistan.
ALSO READ: 26/11 Mumbai Terror Attacks: Tahawwur Rana Sent to Tihar Jail Till June 6
However, the sessions court dismissed this claim during the trial, observing that better maps were already available freely on the internet and the evidence produced was not strong enough to prove their involvement.
Now, the High Court will examine the case further in a chamber hearing while considering the confidential police report and Ansari’s right to livelihood, making this case an important legal debate around rehabilitation, civil liberties and post-acquittal rights in terror-related cases.
Click Here To Read More Reports on 26/11 Mumbai
