Man acquitted in 26/11 terror case can do job that does not need police clearance: Govt to HC

The prosecutor representing the state government told the court that Ansari can take jobs excluding these, which may not require a certificate, continuing with its stance that his application for a certificate cannot be accepted.

The government told the Bombay High Court that Ansari, acquitted in the 26/11 case, can take jobs not requiring police clearance. (Source: File)

The Maharashtra government on Tuesday told the Bombay High Court that Fahim Arshad Ansari, one of the persons acquitted of all charges in the 26/11 Mumbai terror attacks, can opt for a job that does not require a mandatory police clearance or character verification certificate. After police denied his application, Ansari approached the court in January seeking the certificate that would enable him to work as an autorickshaw driver to earn a livelihood.

The state submitted a list of jobs — both government and private — for which such certificates are mandated. The list includes government jobs, including in the Army, medical officers, court officers, police, post office, collector office, railway and others.

It also says that semi-government jobs such as employment in municipal corporations on a contractual basis need such a certificate.

Additionally, jobs like security guards, schools, colleges and those requiring permits or a badge from the Regional Transport Office require the clearance certificate after police verification.

The prosecutor representing the state government told the court that Ansari can take jobs excluding these, which may not require a certificate, continuing with its stance that his application for a certificate cannot be accepted.

The prosecutor also sought that the court hear the matter in chambers citing a confidential report about Ansari. The division bench of Justice AS Gadkari and RR Bhonsale said it will hear the case in chambers later in the week.

Ansari was arrested in December 2008 in the 26/11 case by the Mumbai police, and was acquitted of all charges in 2010 after a special court did not find any evidence to prove the allegations of the police. The high court and the Supreme Court upheld his acquittal in 2011 and 2012 respectively.

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Ansari was released after he served punishment in another case in Uttar Pradesh, where he was sentenced to 10 years in jail. On his release, he worked briefly in a printing press but after it was shut during the Covid-19 pandemic, he took up a job as a food delivery executive, and subsequently decided to work as an autorickshaw driver when he could not meet both ends.

His plea said that he obtained a three-wheeler licence in 2024 and applied for a clearance certificate for the badge to drive the rickshaw for commercial purposes but was refused. On an RTI application seeking reasons, he was informed that it was due to his alleged membership of a terrorist group. Ansari denied these allegations, with his plea stating that he had already served punishment after being convicted in a case and was acquitted in the 26/11 case right till the SC upholding his innocence, therefore, the refusal infringed on his fundamental right to practice any profession.