THE long-awaited extradition of Tahawwur Rana, one of the accused in the 26/11 Mumbai terror attacks, is reportedly on the horizon.
The Pakistani-origin Canadian businessman, who has been linked to the devastating 2008 attacks in Mumbai, is likely to be brought to India soon after a ruling from a US court that upheld his extradition.
In a significant legal development in August 2024, the US Court of Appeals for the Ninth Circuit ruled that Rana is “extraditable to India.” This decision came after a thorough review of the legal proceedings surrounding Rana’s involvement in the terrorist attacks.
The court dismissed his habeas corpus petition, which challenged the decision made by a magistrate judge to approve his extradition to India.
The US court’s decision confirms that India provided substantial and competent evidence to support its claim that Rana was involved in the 26/11 attacks.
This was a critical victory for Indian authorities, who have long sought to bring Rana to justice for his role in the attacks that left over 170 people dead. His extradition is now expected to proceed through diplomatic channels.
Tahawwur Rana has been implicated in the attacks due to his association with David Coleman Headley, the mastermind behind the 26/11 attacks. Headley conducted reconnaissance missions in Mumbai prior to the terrorist assault, and Rana is accused of supporting him in these activities.
According to the chargesheet filed by the Mumbai Police, Rana is alleged to have been an operative of Pakistan’s Inter-Services Intelligence (ISI) and the terror group Lashkar-e-Taiba (LeT), which was responsible for planning and executing the attack.
The court’s ruling followed a comprehensive review of the extradition treaty between the United States and India. Under this treaty, individuals can be extradited for crimes that fall within the terms of the agreement, provided there is sufficient evidence to support the allegations.
The panel found that Rana’s alleged offence related to the 26/11 attacks met the necessary criteria under the treaty, and thus, he could be extradited to face trial in India.
Rana’s arrest in the United States came just months after the 26/11 attacks when the Federal Bureau of Investigation (FBI) apprehended him in Chicago in 2009.
Rana was operating a travel agency in the city at the time, and it was there that he and Headley began scoping out locations in Mumbai for the attack.
Investigators allege that Rana played a crucial role in providing logistical support and strategic planning for the terrorists who carried out the assault.
The involvement of Rana and Headley in the plot is particularly significant because of the scale and planning involved in the attack. The attackers used a blueprint that is believed to have been developed with Rana’s help.
The extradition of Rana would ensure that both he and Headley are held accountable for their actions, potentially bringing closure to the victims and their families who have suffered as a result of the horrific attack.
The court also addressed the legal concept of double jeopardy, or the Non Bis in Idem exception, which could have potentially blocked the extradition.
However, the panel ruled that this exception did not apply in Rana’s case, as the charges in India contained different elements from the crimes for which he had been acquitted in the United States. This ruling further reinforced the decision to move forward with his extradition.
Rana’s involvement in the 26/11 attacks is a key part of the broader investigation into the planning and execution of the terror plot.
The extradition will allow Indian authorities to bring Rana to trial, where he could face charges related to aiding and abetting terrorism, conspiracy, and other serious offences. His extradition is a significant step forward in ensuring that those responsible for the 26/11 attacks are brought to justice.
For India, bringing Rana to trial is an important part of seeking justice for the victims of the 26/11 attacks. The decision to proceed with his extradition is a testament to the strong legal framework between India and the United States, which has facilitated cooperation in combating terrorism.
As the process moves forward, it is hoped that Rana’s extradition will provide further insight into the planning and execution of the attacks and bring those responsible to justice.
