Man acquitted can take job not needing police clearance: Govt tell HC

Faheem Ansari who was acquitted in the 2611 Mumbai terror attacks case is free to take up any form of employment that does not require a police clearance or character verification certificate the Maharashtra government informed the Bombay High Court on Tuesday reported the PTIThe submission came a day before the 17th anniversary of the attacks which claimed 166 lives and left more than 300 people injuredAnsari had approached the High Court in January requesting a police clearance certificate so he could work as an autorickshaw driver to earn his livelihoodIn September the state government told the court that Ansari remained under surveillance as he was reportedly suspected of being an alleged active member of a banned terrorist organisation and therefore his application for the certificate had been rejected according to the PTIOn Tuesday Additional Public Prosecutor Amit Palkar submitted a list detailing professions that require a police clearance or character verification certificate According to the list such certification is mandatory for posts in government semigovernment and municipal bodies as well as for obtaining an RTO badge and permit and for employment in schools colleges and security services Private companies may also request police verification if they choose as per the PTIPalkar stated that Ansari is free to pursue any job that does not require such clearance He also requested that the court conduct the hearing in chambers as the police had placed on record a confidential report regarding Ansarirsquos alleged association with the banned outfit The bench agreed and said it would hear the matter in chamber later in the week the news agency reportedTen Pakistani terrorists carried out coordinated strikes at key locations across Mumbai including the Chhatrapati Shivaji Maharaj Terminus and the Taj and Oberoi hotels on 26 November 2008 The assault lasted nearly 60 hours resulting in 166 deaths and numerous injuries Nine of the attackers were killedIn May 2010 a special court convicted the lone surviving Pakistani terrorist Ajmal Kasab while acquitting the two Indian accused mdash Fahim Ansari and Sabauddin Ahmed mdash citing lack of evidence The two had been charged with being coconspirators and assisting the LashkareTaiba LeT in carrying out the deadly operation Their acquittal was subsequently upheld by the Bombay High Court and later by the Supreme CourtAnsari however had been convicted in a separate case in Uttar Pradesh and was sentenced to 10 years in prison He was freed after completing his sentenceIn his petition Ansari argued that his request for the certificate was rejected on the grounds that he was accused of being linked to a terrorist organisation He described the decision as ldquoarbitrary illegal and discriminatoryrdquo contending that it violated his fundamental right to earn a livelihood The plea asserted that he is entitled to seek gainful employment without facing barriers arising from a case in which he was fully acquitted as per the PTIIt further argued that being tried in the 2611 case cannot be used as a blanket restriction that prevents him from accessing employment opportunities particularly when all courts have cleared him of the charges Ansari sought a direction compelling authorities to issue him the police clearance certificateAfter being released from prison in 2019 Ansari secured work at a printing press in Mumbai but the unit shut down during the Covid19 pandemic He subsequently found employment at a printing press in Mumbra in Thane district However due to the low income he applied for and obtained an autorickshaw driving licence on January 1 2024 He then applied for the mandatory police clearance certificate required for operating a commercial autorickshaw the news agency reportedWhen no response was forthcoming he filed a Right to Information application through which he learnt that the certificate had been withheld as he was alleged to be a member of LeTAccording to the prosecution Ansari and Ahmed had prepared maps of Mumbai and handed them to the alleged conspirators based in Pakistan However while acquitting the two the sessions court observed that superior maps were readily available online reported the PTIwith PTI inputs