Man acquitted in 26/11 terror case still under watch so no police clearance certificate: Govt to HC

Mumbai, Sep 19 (PTI) The 'police clearance certificate' of Faheem Ansari, who was acquitted in the 26/11 terror attack case, was rejected as he is still under watch on suspicion that he is a member of a banned terror outfit, the Maharashtra government told the Bombay High Court on Friday.

Ansari had sought the certificate to ply an autorickshaw.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad questioned under what law the government had refused the certificate to Ansari when he has been acquitted from terror charges.

Public prosecutor Mankhuwar Deshmukh told the court Ansari was not eligible as per guidelines framed in August 2014 for grant of police clearance certificate.

"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," Deshmukh added.

The court posted the matter for further hearing on Saturday as no lawyer appeared for Ansari.

In May 2010, a special court had convicted lone Pakistani terrorist Ajmal Kasab in the 26/11 case but acquitted Fahim Ansari and Sabauddin Ahmed, both Indians, noting lack of evidence.

The duo were accused of being co-conspirators and aiding and abetting terror outfit Lashkar-e-Taiba (LeT) in conducting the dastardly attacks on November 26, 2008 that killed 166 persons and injured hundred others.

According to the prosecution, Ansari and Ahmed had prepared maps of the city and handed the same to the conspirators and masterminds of the attack in Pakistan.

The sessions court, while acquitting them, however, noted that better maps were available online.

Their acquittal was upheld by the Bombay High Court and then the Supreme Court too.

Ansari was, however, convicted and sentenced to 10 years in jail in another case of Uttar Pradesh.

In January, Ansari moved HC seeking a 'police clearance certificate' to enable him to drive an autorickshaw for his livelihood.

As per his plea, his application for the certificate was refused on the ground that he was accused of being a member of a terrorist outfit.

In his petition, Ansari said the decision was "arbitrary, illegal and discriminatory" and violated his fundamental rights for livelihood.

"The petitioner is legally entitled to engage in gainful employment, free from any legal blemish or barriers," the plea said.

Just because he was tried in the 26/11 terror attack case, it cannot act as a blanket ban that disentitles him from availing job opportunities, especially when he has been acquitted by all courts, the plea said.

Ansari sought a direction to the authorities to issue him a police clearance certificate.

As per the plea, after being released from jail in 2019, Ansari secured a job at a printing press in Mumbai, which shut down during the COVID-19 pandemic.

Thereafter, he got a job in a printing press in Mumbra, but since income from it was low, Ansari applied for a three-wheeler autorickshaw licence, which he got on January 1, 2024.

Thereafter, he applied for the 'police clearance certificate (PCC) mandatory for plying an autorickshaw for commercial purposes.

When he did not receive any response, Ansari filed an application under Right to Information Act, wherein he was informed that the certificate could not be issued to him as he was accused of being a member of LeT. PTI SP BNM