The Bombay High Court on Wednesday dismissed a petition filed by Faheem Ansari, who was acquitted in the 2008 Mumbai terror attacks case, seeking a police clearance certificate (PCC) to drive an autorickshaw for his livelihood.
Court's Decision
A bench of Justices A S Gadkari and Ranjitsinha Bhonsale dismissed the plea, stating that the certificate was rightly refused by the concerned authority. A detailed order copy will be made available later.
Background of the Petition
Ansari filed the petition in January last year after his application for the mandatory certificate required for an RTO badge and permit was rejected. Authorities informed him via an RTI response that the certificate could not be issued due to allegations of his association with the Lashkar-e-Taiba (LeT) terror outfit.
In September last year, the government opposed Ansari's plea, stating that he was still under surveillance, justifying the rejection of the certificate. In his petition, Ansari contested the decision as 'arbitrary, illegal and discriminatory', arguing that his fundamental right to livelihood was being violated.
The 26/11 Attacks and Acquittal
Ten Pakistani terrorists launched coordinated attacks at vital locations in Mumbai, including Chhatrapati Shivaji Maharaj Terminus, the Taj Hotel, and the Oberoi Hotel on November 26, 2008. The attacks lasted around 60 hours, resulting in 166 deaths and several injuries. Nine terrorists were killed.
In May 2010, a special court convicted Ajmal Kasab, the lone Pakistani terrorist captured alive, but acquitted two Indian men—Faheem Ansari and Sabauddin Ahmed—citing lack of evidence. They were accused of being co-conspirators and aiding LeT in conducting the attacks. The Bombay High Court and the Supreme Court later upheld their acquittal.
Ansari's Legal Troubles in Uttar Pradesh
Ansari was convicted and sentenced to 10 years in jail in another case in Uttar Pradesh. He was released after serving the sentence.
Arguments in the Petition
In his petition, Ansari stated that his application for the certificate was refused on the grounds that he was accused of being a member of a terrorist outfit. The plea argued that he is legally entitled to engage in gainful employment, free from any legal blemish or barriers. Being tried in the 26/11 case cannot act as a blanket ban, especially since he has been acquitted by all courts.
Ansari sought a direction to authorities to issue him a police clearance certificate. According to the plea, after his release from jail in 2019, he secured a job at a printing press in Mumbai, which shut down during the COVID-19 pandemic. He later got a job at a printing press in Mumbra, Thane, but due to low income, he applied for a three-wheeler autorickshaw licence, which he obtained on January 1, 2024. He then applied for the PCC, mandatory for commercial autorickshaw operation. When he received no response, he filed an RTI application and was informed that the certificate could not be issued due to his alleged LeT membership.
According to the prosecution, Ansari and Ahmed had prepared maps of Mumbai and handed them to the alleged conspirators in Pakistan. However, the sessions court, while acquitting them, noted that better maps were available online.
