Bombay High Court Told Acquitted 26/11 Accused Faheem Ansari Free To Take Jobs Not Requiring Police Clearance Certificate

The Maharashtra government informed the Bombay High Court on Tuesday that Faheem Ansari — who was acquitted in the 26/11 Mumbai terror attacks case — is free to take up any employment that does not require a Police Clearance/Character Verification Certificate. The submission came a day before the 17th anniversary of the 2008 attacks that left 166 people dead and more than 300 injured.

Additional public prosecutor Amit Palkar placed before the court a list of professions where a police clearance certificate is compulsory. These include:

  • Government, semi-government and municipal body jobs
  • RTO badge and driving permit
  • Employment in schools and colleges
  • Security guard positions

Palkar also clarified that while private companies may request character verification, Ansari is at liberty to accept any job where such certification is not mandatory.

The state reiterated its earlier stand that Ansari remains under surveillance because he is suspected of being an active member of a banned terror outfit, and therefore his application for the certificate was rejected.

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Palkar sought an in-chamber hearing to discuss a confidential police report regarding Ansari’s alleged association with the banned terror organisation. The bench agreed and will take up the matter later this week.

Ansari approached the High Court in January seeking a police clearance certificate to enable him to earn a living as an autorickshaw driver. His plea states that refusal of the certificate on grounds of his previous trial is “arbitrary, illegal and discriminatory” and violates his fundamental right to livelihood.

“The petitioner is legally entitled to engage in gainful employment, free from any legal blemish or barriers,” the petition argues. It adds that merely being tried in the 26/11 attack cannot operate as a blanket bar on employment opportunities — particularly when he has been acquitted by the special court, the Bombay High Court, and the Supreme Court.

In the May 2010 verdict in the 26/11 trial, the special court convicted lone Pakistani gunman Ajmal Kasab but acquitted Ansari and Sabauddin Ahmed citing lack of evidence. Their acquittal was subsequently upheld by the High Court and the Supreme Court.

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Ansari was later convicted in a separate Uttar Pradesh case and sentenced to 10 years’ imprisonment. He was released after completing the sentence.

According to his plea, after his release in 2019 he worked at a printing press in Mumbai, then later in Mumbra, but low income pushed him to apply for an autorickshaw license, which he received on January 1, 2024. The police clearance certificate — mandatory for commercial autorickshaw operation — remained pending, prompting him to file an RTI application. He was informed in response that the certificate was denied because he was accused of being a member of Lashkar-e-Taiba.

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The bench will examine the prosecution’s confidential report in chambers later this week before deciding Ansari’s plea to direct the authorities to issue him a police clearance certificate.

The 26/11 terror attack, carried out by 10 Pakistani operatives across multiple Mumbai landmarks including CST, Taj Mahal Palace Hotel and Oberoi Trident, lasted nearly 60 hours. Nine terrorists were killed, while Kasab was captured alive, convicted and later executed.

The matter remains pending before the High Court.

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