US President Donald Trump announced that Tahawwur Rana, an accused in the Mumbai 26/11 attack would be extradited. The announcement was made following a meeting with Prime Minister Narendra Modi at the White House.
“Today I am pleased to announce that my administration has approved the extradition of one of the plotters and one of the very evil people of the world and having to do with the 2008 Mumbai terrorist attack, to face justice in India. He is going to be going back to India to face justice,” Trump said at the joint press briefing following a meeting with PM modi.
He also said that India and the US would work together like never before to confront the threat of radical Islamic terrorism. He said that this form of terrorism is a threat all over the world.
A good start
Trump announcing his administration’s decision to extradite Rana who had helped David Headley is a good step forward. Rana’s extradition is a big deal for the probe in the Mumbai 26/11 attacks. He was the one who helped Headley carry out the reconnaissance for the targets which were attacked by the ten terrorists of the Lashkar-e-Tayiba in Mumbai.
While Headley has spoken about his role there are still many aspects that remain unknown. Rana would be able to provide a lot of details about Headley’s Indian contacts which are not in public domain as yet. Rana was the one who helped Headley with the travel documents. However questions such as who received Headley at the airport and then took him around remain unanswered.
Further Rana can also provide more details about the specific role that the ISI played in the attack. During a court hearing in the United States Rana had openly said that he does not work for the Lashkar-e-Tayiba, but he is an agent of the ISI. This confession is good enough to substantiate concretely the links between the ISI, Lashkar-e-Tayiba and their role in the Mumbai 26/11 attack.
The extradition of Rana is probably one of the biggest that has taken place from the United States so far. He is an accused in one of the bloodiest attacks the country has ever witnessed.
How long could the extradition take
The extradition could take place in 24 hours of the approval given by the US administration. A team of five National Investigation Agency officials will be travelling to the US after the official approval is signed by the American administration.
Rana is currently at a detention facility in Los Angeles. The NIA team comprises officers in the rank of an Inspector General and Inspectors. In India preparations are on at the Tihar jail where Rana will be housed.
Foreign secretary Vikram Misra said that the two sides are working out the logistics for the transfer of Rana to India. Prime Minister Modi thanked Donald Trump for the extradition of Rana.
Before the extradition approval was announced by Donald Trump, there was a long drawn legal battle. Rana had been acquitted in 2011 of charges of aiding Headley. In a separate case, Rana was however convicted of hatching a conspiracy to attack a Danish newspaper and sentenced to 14 years in jail.
During COVID-19, he was released on compassionate grounds, but arrested again by the US authorities following an extradition request made by New Delhi. In 2023, a US court ordered his extradition and this was challenged right up to the Supreme Court. The Supreme Court however rejected his appeal last year, thus paving the way for his extradition.
Indo-US extradition history
The extradition of Rana is taking place on the basis of the India-US Extradition Treaty that was signed in 1997.
Between 2002 and 2018, the US has extradited 11 fugitives. Two were facing charges of terror while one was charged with sexual abuse of children. One was booked for attempt to murder while the rest were facing charges for financial fraud and cheating.
The US has however in the past rejected extradition requests made by New Delhi. A prominent such case was relating to David Headley. The Lashkar-e-Tayiba operative had entered into a plea bargain deal with the FBI whereby he would confess to his crimes on the condition that he would not be extradited. The US also noted that his extradition would amount to double jeopardy as he would be punished twice for the same offence.
The US had also rejected India’s request to extradite Warren Anderson, CEO of Union Carbide accused of the 1984 Bhopal Gas tragedy. Following the incident, Anderson had visited Bhopa and was arrested by the police. He was however granted bail and allowed to leave the country. Two years later, India sent an extradition request, but the same was rejected on the ground that there was lack of evidence.
An extradition request of one Sinni Singh wanted for kidnapping was rejected in January 2002.
The India-US extradition treaty said that the offence is extraditable if it is punishable by imprisonment for more than one year under the laws of both countries. The treaty however bars extradition for a political offence. This would include wilful crime against a head of state of government or a member of their family, hijacking, aviation sabotage, hostage taking, crimes against internationally protected persons including diplomats, offences related to illegal drugs or other offences for which both countries have the obligation to extradite the person pursuant to a multilateral international agreement.
