Desk Correspondent , Mumbai - The Bombay High Court on Wednesday dismissed a petition filed by Fahim Ansari, who was acquitted in the 2008 Mumbai terror attacks case, seeking a Police Clearance Certificate (PCC) to work as a commercial autorickshaw driver. A division bench of Justices A. S. Gadkari and Ranjitsinha Bhonsale ruled that the state authorities were justified in refusing the document, citing significant national security interests. The court observed that despite Ansari's legal acquittal in 26/11 case, the "peculiar facts" and ongoing surveillance by security agencies warranted the denial of a certificate required for a Public Service Vehicle (PSV) badge.
Ansari, who was acquitted of all changes in the 26/11 conspiracy by the special court, High Court, and Supreme Court, argued that the refusal violated his fundamental right to livelihood under Article 19(1)(g) of the Constitution. He claimed that the denial was "arbitrary and discriminatory," emphasising that his acquittal should remove any barriers to gainful employment. After losing his job at a printing press during the pandemic, Ansari obtained a driving license in January 2024 but was blocked from plying an auto-rickshaw commercially when his PCC application was rejected due to alleged links with the Lashkar-e-Taiba (LeT) outfit.
The Maharashtra government maintained that Ansari remains under active surveillance and that public safety outweighs his individual request for a specific profession. During the proceedings, the state prosecutor clarified that while the PCC was denied for high-security roles like commercial driving. Ansari remains free to pursue any other occupation that does not mandate such character verification. This ruling highlight a legal precedent where security considerations can supersede the implications of a judicial acquittal in matters of administrative clearances and public service permits.
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