New Delhi: After a crucial court verdict in the US, Tahawwur Rana, a Canadian businessman of Pakistani descent, is expected to be extradited to India for his alleged role in the 26/11 Mumbai terror attacks. It was in August 2024 that the US Court of Appeals for the Ninth Circuit upheld his extradition under the existing pact between the United States and India.
Currently, diplomatic efforts are in progress to enable his transfer to India, where he is facing serious charges for his role in one of the most devastating terrorist attacks in Indian history.
Rana is connected to the 2008 Mumbai attacks, which resulted in the deaths of more than 170 people. He is accused of aiding the terrorists by providing assistance with recce operations, in collaboration with David Coleman Headley, one of the key masterminds behind the attack.
Rana was named in the Mumbai Police’s lengthy 405-page chargesheet, where he is identified as an operative for Pakistan’s Inter-Services Intelligence (ISI) and the terrorist group Lashkar-e-Taiba (LeT).
Rana played a crucial role in scouting locations and landing zones for the terrorists who executed the attacks across Mumbai. Investigators accuse him of assisting in creating a blueprint used by the attackers to chalk out a plan for their assault. Both Rana and Headley face charges for backing the terror plot, with Rana’s involvement considered a crucial part in the planning stages of the attack.
Extradition process picks up pace
The extradition process has picked up pace following the US Court of Appeals for the Ninth Circuit’s decision in August 2024 to uphold Rana’s extradition. The court turned down his habeas corpus plea, which had contested the magistrate judge’s certification of his extraditability to India. The court ruled that India had provided enough evidence to establish probable cause for Rana’s role in the Mumbai attacks.
US Solicitor General Elizabeth B. Prelogar filed a response on December 16, urging the court to reject Rana’s petition. Rana had previously appealed his extradition in lower courts, including the US Court of Appeals for the Ninth Circuit in San Francisco, but in vain.
“The (India US Extradition) Treaty permits Rana’s extradition,” the US Court of Appeals for the Ninth Circuit had said in August. On November 13, he filed a “petition for a writ of certiorari” with the Supreme Court. This petition reflects Rana’s final legal bid to avoid extradition.
Rana’s extradition is regulated by the treaty between the United States and India, which facilitates the transfer of individuals facing serious criminal charges. The court’s ruling shows that the crime Rana is accused of is covered by the terms of the extradition pact. Besides, the panel determined that the “Non Bis in Idem” (double jeopardy) exception did not apply in this case, as the charges against Rana in India are distinct from those for which he was acquitted in the United States.
In 2009, the FBI arrested Tahawwur Rana, less than a year after the 26/11 attacks. At the time, he was running a travel agency in Chicago, where he had been working with Headley. The two men were involved in scouting critical locations in Mumbai for the attackers.
What would the extradition mean?
Rana’s extradition to India would be a huge step forward in ensuring justice for the victims of the 26/11 attacks. The US Court of Appeals’ ruling represents a vital victory for the Indian government and law enforcement, who have long been committed to holding Rana accountable for his hand in the attacks and ensuring he faces trial.
As diplomatic efforts advance to complete his transfer, Rana’s case emphasises the essential role of global legal cooperation in combating terrorism and ensuring that persons responsible for mass atrocities are held accountable.
The extradition also is a key milestone in the fight against terrorism, reflecting the international resolve to bring perpetrators to justice, no matter where they may seek refuge.
