26/11 Acquitted Fahim Ansari Moves Bombay HC for Police Clearance Certificate to Drive Auto-Rickshaw

26/11 Acquitted Fahim Ansari Moves Bombay HC for Police Clearance Certificate to Drive Auto-Rickshaw

Fahim Arshad Mohammad Yusuf Ansari, the only person acquitted in the 26/11 Mumbai terror attack case, has approached the Bombay High Court seeking a Police Clearance Certificate (PCC) to work as a commercial autorickshaw driver.

Ansari's application for the PCC was denied by the police, citing alleged links to the terrorist organization Lashkar-e-Taiba (LeT)—a claim he vehemently denies.

Initially, his case was listed before a Division Bench comprising Justices Revati Mohite-Dere and Neela Gokhale. However, the Bench recused itself from hearing the matter. The petition is now scheduled to be heard by a Division Bench led by Justice Sarang Kotwal on March 18.

Ansari was arrested in December 2008 in connection with the 26/11 Mumbai attacks while he was already in custody for a separate case in Lucknow, Uttar Pradesh. In that case, he was charged with offenses related to waging war against the country, convicted, and sentenced to 10 years in prison. After serving his sentence, he was released in 2019.

In the 26/11 case, a special court acquitted Ansari in May 2010, finding no merit in the allegations that he had aided the attackers by preparing maps of Mumbai. The Bombay High Court upheld his acquittal in 2011, and the Supreme Court dismissed the State’s appeal in 2012, affirming his innocence.

Post-release, Ansari initially worked at a printing press named Print Express Byculla until the COVID-19 pandemic disrupted his employment in 2020. He then worked briefly as a food delivery executive before securing another job at a printing press in Mumbra. However, due to financial constraints, he decided to pursue auto-rickshaw driving for a stable income.

On January 19, 2024, Ansari obtained a three-wheeler driving license and applied for a PCC on May 18, 2024, a prerequisite for acquiring a Public Service Vehicle (PSV) Badge necessary for commercial auto-rickshaw driving. However, his application was rejected.

Upon filing an RTI query in August 2024, he learned that the rejection was based on alleged links to LeT—a claim he refutes, given that courts had already exonerated him in the 26/11 case.

Ansari has moved the Bombay High Court challenging the rejection of his PCC application. In his plea, he argues that denying him the certificate on the basis of unproven allegations is "arbitrary, discriminatory, and seeped in prejudice."

He contends that the denial violates his fundamental rights under Articles 19(1)(g) and 21 of the Indian Constitution, which guarantee the right to livelihood and life.

"The Petitioner, having suffered the full impact of punishment and paid his dues to society for his past conviction, is legally entitled to engage in gainful employment without facing any legal blemish or barriers," the plea states.

Furthermore, he asserts that the authorities have failed to present any material evidence substantiating the claim of his alleged ties to LeT.

Ansari has urged the High Court to direct the authorities to grant him the Police Clearance Certificate, emphasizing that his past trial and acquittal in the 26/11 case should not be used to deny him employment opportunities or access to public services.

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