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

Mumbai: Noting that there are serious complaints against Fahim Ansari, who was acquitted in the 26/11 Mumbai terror attack case, the Bombay High Court on Saturday said it will not pass any order without granting him an opportunity to go through the allegations, as levelled by the state government.

Four Weeks Granted To Submit Material

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad granted four weeks’ to Ansari’s advocate to submit additional material to support his plea.

Petition On Police Clearance Certificate

The HC was hearing Ansari’s petition challenging police refusal to grant him police clearance certificate to drive an autorickshaw for his livelihood.

State Raises Allegations

Public prosecutor Mankunwar Deshmukh told the bench on Saturday that there are serious complaints against the petitioner, which it does not want to disclose in an affidavit, at this stage. Deshmukh submitted a report in a sealed cover, which the court took note of.

Surveillance And Alleged Links

Deshmukh had told the court on Friday that Ansari’s police clearance certificate was rejected as he remains under surveillance on suspicion of being associated with a banned terror organisation, Lashkar E Taiba (LeT).

Court Orders Sealed Cover Submission

The bench, however, clarified that it would not pass any order without granting an opportunity to Ansari to access the alleged material against him, while asking Deshmukh to produce the sealed cover on the next date of hearing after four weeks.

“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 have access to peruse such documents produced in the court.,” the bench noted in its order.

The court said that, if necessary, it will permit Ansari to peruse the report.

The state had earlier filed an affidavit informing that Ansari had been convicted and sentenced to 10 years in the 2008 Rampur CRPF camp grenade attack, which claimed the lives of seven personnel and one civilian. It further said that although he was acquitted in the 26/11 case, the trial court had observed that he was associated with Lashkar-e-Taiba (LeT). Several other criminal cases were also registered against him, the state noted.

Right To Livelihood

Challenging the police refusal, Ansari approached the High Court claiming the decision was “arbitrary, illegal and discriminatory” and violated his fundamental right to livelihood. His plea argued: “The petitioner is legally entitled to engage in gainful employment, free from any legal blemish or barriers.”

Also Watch:

26/11 Terror Attack Case: Fahim Ansari Remains Under Watch For Association With Banned LeT, State Tells Bombay HC

Background On 26/11 Acquittal

Ansari and Sabauddin Ahmed had been accused of aiding LeT in carrying out the November 26, 2008, Mumbai attacks that killed 166 people. On May 6, 2010, a special court acquitted both for want of evidence — a decision later upheld by the High Court and the Supreme Court. Only lone Pakistani gunman Ajmal Kasab was convicted for the 26/11 carnage.

However, Ansari was separately convicted in the Rampur case in Uttar Pradesh and served his 10-year sentence before being released in 2019.

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