The Bombay High Court on Friday slammed the Maharashtra government over its refusal to issue a Police Clearance Certificate (PCC) to 26/11 acquitted accused Fahim Arshad Mohammad Yusuf Ansari, calling a 2014 Government Resolution (GR) “illegal.”

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad was hearing Ansari’s plea. Ansari, who lives in Thane near Mumbai, had applied for a PCC to obtain a Police Service Vehicle (PSV) badge. The badge is mandatory for driving an auto-rickshaw or taxi for commercial purposes.

However, police issued an adverse report claiming Ansari was a member of the banned outfit Lashkar-e-Toiba (LeT), and therefore ineligible for a clearance certificate. This denial prevented him from securing the badge.

Ansari argued before the court that he had already served his sentence in a separate case and had been acquitted of all terror charges in the 26/11 Mumbai terror attack case. He sought a direction to the state to issue him a PCC.

In response, the Maharashtra government filed an affidavit opposing his plea. The affidavit said that Ansari had been convicted in the 2008 Rampur CRPF camp grenade attack case in Uttar Pradesh, where seven CRPF personnel and one civilian were killed. He was sentenced to 10 years’ imprisonment in that case.

“Such an attack is a threat to the security of the nation… active participation of the petitioner was proved and, as per the prosecution story, the said attack was done by LeT (Lakshar-E-Toyaba), which is a banned organisation,” the affidavit said.

It further argued that although the courts acquitted Ansari in the 26/11 case, the acquittal was based on “benefit of doubt.” The affidavit, sworn by Vinay Ghorpade, Assistant Commissioner of Police, Special Branch II, Thane, also cited policy guidelines which mandate that applicants with a serious criminal background or prior convictions must receive an adverse remark in character verification reports, irrespective of the purpose of the clearance.

During Friday’s hearing, Public Prosecutor Mankunwar Deshmukh told the bench that a 2013 GR laid down rules on who could be issued character certificates, saying that people with serious charges cannot receive them.

At this point, the bench remarked, “Your GR is illegal.”

Deshmukh maintained that apart from Ansari’s past conviction and the court’s observations in the 26/11 case, “There are some confidential reports against him,” and therefore, considering the GR, he could not be granted a certificate.

The bench posted the matter for further hearing on Saturday.

– Ends

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