Faheem Ansari, acquitted in the 26/11 Mumbai terror attack case, was denied a police clearance certificate as the state claims he remains under surveillance. The Bombay High Court questioned the government’s decision despite his acquittal by all courts.
Mumbai: The Bombay High Court on Friday heard a petition filed by Faheem Ansari, who was acquitted in the 26/11 Mumbai terror attack case, after the Maharashtra government refused to give him a ‘police clearance certificate’ (PCC). Ansari had applied for the certificate so that he could earn his living by driving an autorickshaw.
The state government told the court that the certificate was denied because Ansari is still under watch on suspicion of being linked to a banned terror group.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, however, questioned the refusal, asking under what law such a decision was taken when Ansari had already been acquitted of terror charges.
Public prosecutor Mankhuwar Deshmukh argued that Ansari was not eligible as per the government’s guidelines issued in August 2014 for granting police clearance certificates. He also told the court,
“There is also a confidential report as per which Ansari is still under watch on suspicion that he is a member of a banned terror outfit.”
Since no lawyer was present for Ansari during Friday’s hearing, the bench posted the matter for further hearing on Saturday.
Ansari’s name first came up during the investigations of the 26/11 attacks. While a special court in May 2010 convicted Ajmal Kasab, the lone surviving Pakistani terrorist, it acquitted both Faheem Ansari and Sabauddin Ahmed, who were accused of being co-conspirators.
The prosecution had claimed that Ansari and Ahmed had prepared maps of Mumbai and handed them over to the masterminds in Pakistan, aiding Lashkar-e-Taiba in carrying out the attacks.
However, the court found no evidence strong enough to prove these allegations, and it noted that better maps of Mumbai were freely available online. The Bombay High Court and later the Supreme Court also upheld their acquittal.
Although cleared in the 26/11 case, Ansari was later convicted in another case in Uttar Pradesh and sentenced to 10 years in prison. He was released from jail in 2019.
In January this year, Ansari approached the Bombay High Court seeking directions for issuance of a police clearance certificate.
His petition said that the government’s refusal was “arbitrary, illegal and discriminatory” and violated his fundamental right to livelihood.
The plea further stated,
“The petitioner is legaally entitled to engage in gainful employment, free from any legal blemish or barriers.”
Ansari’s petition also argued that just because he was once tried in the 26/11 case,
“it cannot act as a blanket ban that disentitles him from availing job opportunities, especially when he has been acquitted by all courts.”
Ansari narrated in his petition that after his release from jail, he worked in a printing press in Mumbai, but the business shut down during the COVID-19 pandemic.
Later, he joined another printing press in Mumbra, but the income was not enough to sustain him and his family. On January 1, 2024, he received a licence to drive a three-wheeler autorickshaw. For this, a PCC is mandatory, so he applied for one.
When he did not get any response from the police, Ansari filed a Right to Information (RTI) application. In reply, he was told that his PCC could not be issued because he was
“accused of being a member of LeT.”
The case now awaits further hearing, with the High Court expected to decide whether the denial of a PCC to an acquitted man can be justified under law.
Click Here To Read More Reports on Pahalgam Terror Attack
