The Bombay High Court on Wednesday dismissed a petition filed by Faheem Ansari, who had sought a police clearance certificate (PCC) to work as an autorickshaw driver, according to a report by the PTI news agency.
Background of the Case
Ansari, who was acquitted in the 2008 Mumbai attacks case, had approached the court after authorities denied him the mandatory certificate required for the Regional Transport Office (RTO) badge and permit. A bench of Justices A S Gadkari and Ranjitsinha Bhonsale held that the refusal of the PCC by authorities was justified.
Arguments by the Petitioner
In his plea, Ansari argued that the denial of the certificate was "arbitrary, illegal and discriminatory," and violated his fundamental right to livelihood. He maintained that since he had been acquitted by the trial court, as well as by higher courts including the Supreme Court of India, the allegations related to terrorism could not be used to deny him employment opportunities in the country.
Ansari's plea highlighted his struggle to rebuild his life after his release from prison in 2019, following completion of a separate sentence in Uttar Pradesh. After losing his job during the COVID-19 pandemic, he sought to earn a livelihood by driving an autorickshaw.
Government's Opposition
However, the state government earlier opposed his plea, stating that Ansari remained under surveillance due to past allegations of links with the Lashkar-e-Taiba (LeT). This was the reason behind rejecting his PCC application, the authorities said.
While the detailed order is awaited, the court's decision effectively blocks Ansari from securing an autorickshaw permit, which requires police verification.
Connection to 2008 Mumbai Attacks
The case traces back to the 2008 Mumbai attacks, in which 166 people were killed. Though Ansari was accused of aiding the attackers, courts acquitted him citing lack of evidence. Despite his acquittal, the authorities continue to view him with suspicion due to his alleged past associations.
This judgment underscores the delicate balance between an individual's right to livelihood and the state's prerogative to ensure public safety. Ansari's legal battle highlights the challenges faced by acquitted individuals in reintegrating into society, particularly when past allegations cast a long shadow over their future prospects.
