Mumbai, April 30: In a detailed judgment dismissing the petition filed by Faheem Ansari, who was acquitted in the 26/11 terror attack case, seeking a police clearance certificate (PCC) to ply an auto rickshaw, the Bombay High Court held that the decision was taken in the larger interest of public safety and security.
Court cites confidential intelligence report
A bench of Justices Ajey Gadkari and R.R. Bhonsale said it had taken into account a confidential intelligence report submitted by the police, which prima facie indicated that the possibility of Ansari engaging in similar activities in the future could not be ruled out. “We find no reason to differ with the opinion of the government authorities, nor can any fault be found with it,” the court observed.
The plea was dismissed on Wednesday; however, the detailed order copy was made available on Thursday.
The court added that the certificate was refused to Ansari in the backdrop of his criminal antecedents, in a “reasonable manner and in the larger interest of public safety and national security”.
PCC sought for auto rickshaw badge
In his plea filed in January last year, Ansari had sought the PCC for the purpose of securing a public service vehicle badge, which is required to drive an auto rickshaw for commercial purposes.
The government opposed the plea, stating that the policy guidelines governing police character verification clearly mandate that a person with a serious criminal background or a prior conviction must be issued an adverse remark. It also submitted a confidential report, based on which the certificate was refused.
The court noted that Ansari’s employment opportunities are curtailed only in certain sectors and that several other avenues of employment remain open to him.
High potential risk, says judgment
Considering the nature of the offences and crimes in which Ansari was allegedly involved, and the role assigned to him of having provided ancillary logistical support for terror activities, the police were apprehensive and, as a precautionary measure, refused the clearance certificate, the bench added.
“The offences involved were extremely serious in nature and posed a threat to the security of the country. The police authorities, based on intelligence reports, have considered the petitioner (Ansari) to be a high potential risk,” the judgment said.
It added that Ansari has been considered a high risk for certain jobs, including plying a commercial auto rickshaw, given the crimes he was accused of and arrested for.
Background of 26/11 case
The bench agreed that the verification process conducted by the police was in accordance with the guidelines. It also emphasized that the PCC was reviewed in light of his antecedents and the fact that he was convicted in a case involving an alleged attack on CRPF officials, his alleged connections with the banned terror outfit Lashkar-e-Taiba, and his role in the November 26, 2008 terror attacks case.
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The November 26, 2008 attacks saw ten Pakistani terrorists carry out coordinated strikes across Mumbai, targeting locations such as the Chhatrapati Shivaji Maharaj Terminus and the Taj and Oberoi hotels. The siege, which lasted nearly 60 hours, left 166 people dead.
Ansari and Sabauddin Ahmed were accused of aiding the attackers but were acquitted in 2010 for lack of evidence—a verdict later upheld by higher courts. Ansari completed his sentence in the Rampur case and was released in 2019.
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