26/11 Mumbai Terror Attack Case: State Tells HC Fahim Ansari Can Work Only In Jobs Not Requiring Police Clearance; Court To Hear Plea In Chamber

Mumbai, Nov 25: The state government told the Bombay High Court on Tuesday that Fahim Ansari, who was acquitted in the 26/11 terror attack case, can take up any job that does not mandate or require a police clearance/character verification certificate.

Ansari Seeks Certificate to Earn Livelihood as Auto Driver

The statement was made before a bench of Justices Ajey Gadkari and R.R. Bhonsale during a hearing in a petition by Ansari seeking a police clearance certificate to enable him to drive an auto rickshaw for his livelihood.

Ansari had filed the petition in January challenging the police refusal, claiming the decision was “arbitrary, illegal and discriminatory” and violated his fundamental right to livelihood.

State Says Ansari Still Under Watch Due to Alleged Terror Links

The state had said in September that he was still under watch as he is suspected of being an active member of a banned terror outfit and hence his application seeking the certificate was rejected.

On Tuesday, Additional Public Prosecutor Amit Palkar submitted a list of jobs that mandate clearance certificates and character verification certificates from the police.

List Outlines Jobs Requiring Police Clearance Certificates

As per the list, the certificate is required for all government, semi-government and municipal body jobs. The certificate is also mandated for RTO badge and permit and schools and colleges and for security guards. Moreover, private companies can request the police for character verification from the police, as per the list.

Palkar said Ansari can take up any job that does not mandate or require a police clearance/character certificate.

Police Submit Confidential Report; Court to Hear Matter in Chamber

Palkar sought the court to hear the matter in chamber as the police had submitted a confidential report regarding Ansari’s association with the banned terror outfit.

The bench agreed and said it would take up the plea for hearing in chamber later this week.

Past Conviction in Rampur CRPF Attack Mentioned by State

The state had earlier filed an affidavit informing that Ansari had been convicted and sentenced to 10 years in the 2008 Rampur CRPF camp grenade attack, which claimed the lives of seven personnel and one civilian.

It further said that although he was acquitted in the 26/11 case, the trial court had observed that he was associated with Lashkar-e-Taiba (LeT). Several other criminal cases were also registered against him, the state noted.

Background: 26/11 Terror Attacks and Related Trials

On November 26, 2008, ten Pakistani terrorists launched a series of coordinated attacks at vital places in the city including the Chhatrapati Shivaji Maharaj Terminus, the Taj and Oberoi hotels in south Mumbai. As many as 166 persons lost their lives and several others were injured in the attacks that lasted around 60 hours. Nine of the terrorists were killed.

Ansari Acquitted in 26/11 Case but Convicted in Rampur Attack

Ansari and Sabauddin Ahmed had been accused of aiding LeT in carrying out the November 26, 2008, Mumbai attacks that killed 166 people. On May 6, 2010, a special court acquitted both for want of evidence — a decision later upheld by the High Court and the Supreme Court. Only lone Pakistani gunman Ajmal Kasab was convicted for the 26/11 carnage.

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However, Ansari was separately convicted in the Rampur case in Uttar Pradesh and served his 10-year sentence before being released in 2019.

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