The Bombay High Court on Wednesday declined a plea by Fahim Ansari, who had sought a Police Clearance Certificate (PCC) from the Maharashtra Police to enable him to work as an autorickshaw driver.
A division bench of Justices Ajay Gadkari and Ranjitsinh Bhonsale held that the authorities were justified in withholding the certificate, citing the background of the case and security concerns flagged by law enforcement agencies. The court dismissed Ansari’s petition, which argued that the denial effectively curtailed his ability to earn a livelihood.
Ansari was acquitted in the 2008 Mumbai terror attacks case by a special court in 2010 after allegations that he assisted the attackers by preparing maps failed to stand up in evidence. However, he was later convicted in a separate case in Lucknow and served a 10-year prison sentence.
After his release in 2019, Ansari took up various jobs, including work at a printing press and as a delivery worker during the COVID-19 pandemic. In 2024, he obtained an autorickshaw driving licence and subsequently applied for a PCC, a requirement for securing a Police Service Vehicle (PSV) badge necessary for commercial driving.
When his application drew no response, Ansari sought information through the Right to Information Act and was informed that his request had been rejected due to alleged links with the banned outfit Lashkar-e-Taiba. Challenging the decision, he contended that it was arbitrary and infringed upon his fundamental rights under Article 19(1)(g) and Article 21 of the Constitution, which guarantee the freedom to practice a profession and the right to life and personal liberty.
Opposing the plea, the state government argued that while Ansari was free to pursue employment, he could do so in fields that do not require a police clearance certificate.
The matter was initially listed before a different bench, which later recused itself from hearing the case before it came up before the present bench.
