Mumbai 26/11 Terror Attack Accused Tahawwur Rana To Be Extradited To India: Report

Tahawwur Rana, a Canadian businessman of Pakistani origin, is expected to be extradited to India in relations with the 26/11 Mumbai attacks. A US court's pronouced verdict to uphold his extradition over alleged terror links. The Economic Times reported that diplomatic efforts are currently underway to facilitate his transfer.

In August 2024, the US Court of Appeals for the Ninth Circuit confirmed that Rana could be extradited under the treaty between India and the United States. The court's decision came after it rejected Rana's habeas corpus petition, which challenged a magistrate judge's certification of his extraditability.

Extradition Treaty and Legal Proceedings

The panel found that India had provided adequate evidence to support the magistrate judge's determination of probable cause regarding Rana's alleged involvement in the Mumbai attacks. The charges against him include being an operative for Pakistan's Inter-Services Intelligence (ISI) and Lashkar-e-Taiba.

The Mumbai Police included Rana in their 405-page chargesheet related to the attacks. He is accused of assisting David Coleman Headley, who conducted reconnaissance for the attack. Headley was identified as one of the masterminds behind the operation.

Legal Interpretations and Exceptions

The US panel noted that under limited habeas review, Rana's alleged crime fell within the terms of the extradition treaty. This treaty includes a Non-Bis in Idem exception, which prevents extradition if a person has been tried for the same offence in the requesting state.

The panel relied on treaty text, State Department analysis, and case law from other circuits. It concluded that "offence" refers to charged crimes rather than underlying acts, requiring an analysis of each crime's elements. The Non Bis in Idem exception did not apply here because Indian charges differed from those for which Rana was acquitted in the US.

Background and Arrest

Rana was arrested by the FBI in Chicago less than a year after the Mumbai attacks. At that time, he operated a travel agency alongside David Headley. Investigators revealed that Pakistani terrorists used a blueprint allegedly produced with Rana's involvement to carry out their deadly mission.

Both Rana and Headley face charges related to aiding this terror plot. Their scouting activities involved identifying potential targets and landing zones in Mumbai, crucial steps in executing their plan.

This development marks a significant step towards bringing those responsible for orchestrating one of India's most devastating terror attacks to justice. As diplomatic channels work towards finalising his extradition, attention remains on ensuring accountability for these heinous acts.