Tahawwur Rana’s extradition proceedings have moved forward as the United States court upheld his extradition to India in connection with the 26/11 Mumbai terror attacks. Rana, a Canadian businessman of Pakistani origin, faces allegations of aiding the attackers by providing logistical support. The Economic Times reported that Indian and US diplomatic channels are finalising his transfer.
In August 2024, the US Court of Appeals for the Ninth Circuit upheld the decision to extradite Rana under the treaty between India and the United States. This ruling came after the rejection of Rana’s habeas corpus petition, which challenged the magistrate’s certification of his extraditability.
Extradition Treaty and Legal Framework
The court determined that India provided sufficient evidence to support the claim of Rana’s involvement in the attacks. Rana has been accused of collaborating with Pakistan’s Inter-Services Intelligence (ISI) and Lashkar-e-Taiba to orchestrate the terror plot.
The Mumbai Police’s 405-page chargesheet implicates Rana for aiding David Coleman Headley, who conducted reconnaissance for the attacks. Headley was a key planner in identifying strategic targets for the operation.
Legal Interpretations of the Case
The extradition treaty includes a Non-Bis in Idem exception, which prevents extradition if the individual has already been tried for the same crime in the requesting country. However, the US panel noted that the Indian charges differed from those Rana faced in the US. This distinction allowed the extradition process to move forward.
The treaty interpretation relied on texts, State Department analyses, and judicial precedents. The court clarified that the “offence” pertains to specific charges, not underlying acts, requiring a granular examination of each alleged crime.
Rana’s Arrest and Role in the Plot
Rana was arrested in Chicago by the FBI less than a year after the attacks. At the time, he ran a travel agency alongside David Headley. Investigators revealed that blueprints linked to Rana were instrumental in the terrorists’ planning, including identifying targets and landing zones in Mumbai.
This progress in the Tahawwur Rana extradition case highlights significant international cooperation in bringing justice to the victims of one of India’s deadliest terror attacks. As diplomatic discussions continue, attention remains focused on ensuring accountability for those involved in this tragic event.