Bombay HC denies police clearance to 26/11 acquitted man seeking auto driver job

The Bombay High Court on Wednesday dismissed a petition filed by Fahim Ansari, who was acquitted in the 2008 Mumbai terror attack case, seeking directions to the Maharashtra Police to issue him a Police Clearance Certificate (PCC) required to work as an autorickshaw driver.

A division bench of Justice Ajay Gadkari and Justice Ranjitsinha Bhonsale held that the refusal to grant the PCC was justified in view of the security concerns raised by authorities.

Ansari had approached the court in February 2025, arguing that the denial of the certificate violated his right to livelihood. He said the PCC was necessary to obtain a Police Service Vehicle badge required for commercial autorickshaw driving.

The state government opposed the plea, saying Ansari was free to pursue employment opportunities that did not require a PCC.

Ansari was acquitted by a special court on May 6, 2010, in the 26/11 Mumbai terror attack case after allegations that he prepared maps for the attackers could not be proven. However, he was convicted in a separate case in Lucknow and sentenced to 10 years in prison.

After his release in November 2019, he worked at printing presses in Mumbai and Thane and later as a delivery worker during the COVID-19 pandemic. Citing low income, he obtained an autorickshaw licence in January 2024 and applied for a PCC.

After receiving no response, he filed an RTI application and was informed in August 2024 that the certificate was denied because of alleged links to the banned outfit Lashkar-e-Taiba.

Ansari challenged the decision as arbitrary and argued that after serving his sentence, he had the right to reintegrate into society and pursue lawful employment under Articles 19(1)(g) and 21 of the Constitution.

The matter was initially listed before a bench of Justices Revati Mohite-Dere and Neela Gokhale, which later recused itself from hearing the case.

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