Petitioner Fahim Ansari's plea dismissed, citing public safety and national security concerns linked to past convictions and alleged terror affiliations.
Mumbai, April 29, 2026 - The Bombay High Court has dismissed a petition filed by Fahim Arshad Mohammed Yusuf Ansari seeking a Police Clearance Certificate necessary for obtaining a Public Service Vehicle Badge (PSV) to drive an auto rickshaw commercially. The court ruled that the refusal by authorities was justified based on Ansari's verified criminal history and intelligence reports indicating potential risks to public safety and national security.
The court, presided over by Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale, heard the petition under Article 226 of the Constitution of India. Ansari, who had previously been convicted in the 2008 Rampur CRPF camp grenade attack case, sought the clearance after his release from a 10-year sentence. He argued that his conviction should not impede his ability to seek employment opportunities, including driving an auto rickshaw.
The refusal was based on Ansari's criminal antecedents, including his conviction for serious offenses under multiple sections of the Indian Penal Code and alleged connections with the banned organization Lashkar-e-Taiba. Although Ansari was acquitted in the 2008 Mumbai terrorist attack case, the acquittal was noted to be on the basis of "benefit of doubt."
The state, represented by Acting Public Prosecutor Smt. M.M. Deshmukh, maintained that the decision to deny the clearance was consistent with policy guidelines that mandate adverse remarks for applicants with serious criminal backgrounds. The court agreed, emphasizing the reasonableness of restrictions on employment opportunities for individuals with significant criminal histories, especially in roles that could impact public safety.
The court acknowledged that while Ansari's employment avenues were curtailed in certain sectors, it did not leave him without alternative means of livelihood. Ansari had previously worked in a printing press and as a delivery executive, and the court suggested that such stationary jobs remained viable options for him.
In its judgment, the court underscored the importance of maintaining public safety and national security, asserting that the petitioner's background posed a high risk. The decision reflects a broader policy to ensure that individuals with serious criminal records or potential security threats are not placed in positions that could endanger the public.
The petition was ultimately dismissed, affirming the state's discretion to impose reasonable restrictions on employment based on verified intelligence and criminal history.
Bottom Line:
Police Clearance Certificate for Public Service Vehicle Badge (PSV) can be refused on grounds of criminal antecedents, prior convictions, and adverse intelligence reports in the interest of public safety and national security.
Statutory provision(s): Article 226 of the Constitution of India
