Fahim Ansari, previously acquitted in the 26/11 Mumbai terror attacks, has approached the Bombay High Court seeking a Police Clearance Certificate (PCC) to facilitate his employment and sustain his livelihood. Despite his acquittal on May 6, 2010, Ansari faces challenges in obtaining the necessary clearance for work.
In December 2008, while already in custody for a separate case in Lucknow related to waging war against the nation, Ansari was arrested concerning the 26/11 attacks. The chargesheet alleged that he had prepared maps of Mumbai and provided them to masterminds in Pakistan. However, the special court acquitted him of these charges in 2010. Nonetheless, he was convicted in the Lucknow case and sentenced to 10 years in prison.
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After his release in November 2019, Ansari secured employment at a printing press in Mumbai's Byculla area, which unfortunately shut down during the COVID-19 pandemic. He then worked as a delivery boy before finding another position at a printing press in Mumbra. Due to insufficient income, Ansari applied for a three-wheeler auto-rickshaw license, which he obtained on January 1, 2024. Subsequently, he applied for the mandatory PCC to acquire a Police Service Vehicle (PSV) badge, essential for operating an auto-rickshaw commercially.
Despite multiple inquiries, Ansari received no response regarding his PCC application. An RTI query revealed on August 13, 2024, that authorities denied the certificate, citing his alleged association with the banned organization Lashkar-e-Toiba (LeT). Ansari contends this action violates his fundamental rights and deems the police's decision arbitrary.
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Ansari's petition emphasizes that after serving his sentence, he is entitled to pursue employment without legal hindrances. The plea states:
"The petitioner, having suffered the full impact of punishment and paying his dues to society for the offense he committed, is legally entitled to engage in gainful employment, free from any legal blemish or barriers."
The petition further argues that denying the PCC infringes upon his fundamental rights to livelihood and life, as guaranteed under Articles 19(1)(g) and 21 of the Indian Constitution.
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Initially, the petition was presented before a division bench comprising Justices Revati Mohite-Dere and Dr. Neela Gokhale. However, the bench recused itself from the case. The matter has now been assigned to a division bench led by Justice Sarang Kotwal, scheduled to hear the plea in March.
