Man acquitted in 26/11 terror case denied police clearance: HC
The Bombay High Court has said the police kept in mind the larger interest of public safety and national security while rightly refusing a clearance certificate to Fahim Ansari, acquitted in the 26/11 terror attack case, to ply an autorickshaw for livelihood.
The court has considered the confidential intelligence report submitted by the police, which “prima facie” indicates that the possibility of Ansari indulging in similar activities cannot be ruled out, a bench of Justices AS Gadkari and R R Bhonsale said in the judgment on Wednesday.
“We find no reason to differ with the opinion of the Government authorities nor can any fault be found with it,” said the HC order, a copy of which was made available on Thursday.
The certificate to Ansari was refused in the backdrop of his criminal antecedents in a “reasonable manner and in the larger interest of public safety and national security,” it added.
Ansari filed the plea in January last year, seeking the police clearance certificate for the purpose of securing a public service vehicle badge, which is required to drive an autorickshaw for commercial purposes.
He said his arrest and trial in the 26/11 terror attacks case should not be used as a ground to bar him from availing public amenities and opportunities.
The Government had opposed the plea, claiming that the policy guidelines governing the police character verification clearly mandate that a person with a serious criminal background and with a prior conviction must be issued an adverse remark.
It also submitted a confidential note containing certain sensitive information/ official intelligence communication against Ansari, based on which the certificate was refused to him.
The court noted that Ansari’s employment opportunities stand curtailed only to certain jobs, and several other avenues of employment are still open to him.
