26/11 Mumbai Terror Attack Case: ‘Won’t Pass Any Order On Fahim Ansari’s Police Clearance Without Granting Access To State Material,’ Says Bombay HC
**Bombay High Court Seeks to Hear Fahim Ansari Before Passing Order on Police Clearance Certificate**
*Mumbai:* The Bombay High Court on Saturday emphasized the need to grant Fahim Ansari, acquitted in the 26/11 Mumbai terror attack case, an opportunity to review serious complaints levelled against him before passing any order.
### Hearing on Police Clearance Certificate Petition
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing Ansari’s petition challenging the police’s refusal to issue him a police clearance certificate (PCC). Ansari requires the PCC to legally drive an autorickshaw for his livelihood.
### State Government Raises Serious Allegations
During the proceedings, public prosecutor Mankunwar Deshmukh revealed that there are serious complaints against Ansari. However, the state government chose not to disclose details at this stage in an affidavit. Instead, Deshmukh submitted a report in a sealed cover for the court’s perusal.
Deshmukh also informed the court that Ansari’s PCC rejection is due to his ongoing surveillance on suspicion of links with the banned terror organisation Lashkar-e-Taiba (LeT).
### Court Grants Four Weeks to Submit Additional Material
The bench granted four weeks to Ansari’s counsel to submit additional material supporting his plea. The court clarified that it will not pass any order without first granting Ansari or his counsel access to the sealed report presented by the state.
“Let this material be produced in sealed cover for court’s perusal on the next date. However, we make it clear that no order shall be taken on this petition without granting a hearing to the petitioner or his counsel to peruse such documents produced in the court,” the bench noted.
The court further stated that, if necessary, it would permit Ansari to review the report.
### Background on Fahim Ansari’s Cases
The state had previously submitted an affidavit stating that Ansari was convicted and sentenced to 10 years for the 2008 Rampur CRPF camp grenade attack, which caused the deaths of seven personnel and one civilian. Though acquitted in the 26/11 Mumbai terror attack case, the trial court observed Ansari’s involvement with Lashkar-e-Taiba, according to the affidavit.
Additionally, several other criminal cases have been registered against him, the state noted.
### Ansari’s Challenge and Right to Livelihood
Ansari’s petition argues that the police refusal to issue the clearance certificate is “arbitrary, illegal, and discriminatory,” violating his fundamental right to livelihood. He contends that he is legally entitled to pursue gainful employment “free from any legal blemish or barriers.”
### 26/11 Case Overview
Fahim Ansari, along with Sabauddin Ahmed, was accused of aiding Lashkar-e-Taiba during the November 26, 2008, Mumbai attacks, which claimed 166 lives. Both were acquitted on May 6, 2010, due to lack of evidence—a decision upheld by the Bombay High Court and the Supreme Court. The lone Pakistani gunman Ajmal Kasab was the only individual convicted for the terror attacks.
Ansari was separately convicted in the Rampur grenade attack case in Uttar Pradesh and served his 10-year term before being released in 2019.
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https://www.freepressjournal.in/mumbai/2611-mumbai-terror-attack-case-wont-pass-any-order-on-fahim-ansaris-police-clearance-without-granting-access-to-state-material-says-bombay-hc
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