Tahawwur Hussain Rana, a key conspirator in the 26/11 Mumbai terror attacks, has been extradited from the United States to India. He arrived in New Delhi on April 10 , and will now face trial in a special National Investigation Agency (NIA) court.
- He faces multiple charges, including criminal conspiracy, waging war against the nation, murder, forgery, and offences under the Unlawful Activities (Prevention) Act.
Who is Tahawwur Rana
- A Canadian national of Pakistani origin, Rana operated out of Chicago and is accused of playing a central role in planning the in the 2008 Mumbai terror attacks (26/11) that killed 166 people in Mumbai.
- He was arrested by the FBI in October 2009 and convicted in the US in 2011
- He was recently extradited from the United States to India, arriving in New Delhi on April 10.
- He will face trial in a special NIA court for his alleged role in facilitating the attacks.
Extradition: The Legal Process
What is Extradition?
- A formal process where one country surrenders an individual to another for prosecution or punishment.
- Governed by bilateral or multilateral treaties.
Key Principles:
- Dual Criminality: The crime must be punishable in both countries.
- Listed Offences vs. Modern Treaties: Older treaties list specific crimes; newer ones rely on dual criminality.
India’s Extradition Framework
Authority Involved:
- Ministry of External Affairs (MEA) is the Central Authority.
- Within MEA, the CPV Division handles extradition cases.
India’s Reach:
- 48 countries have extradition treaties with India.
- 12 more have non-binding arrangements.
Grounds for Refusal of Extradition (India-specific):
- Political Offences – e.g., cases related to political dissent.
- Military Offences – not recognized under civilian criminal codes.
- Lack of Good Faith – if the extradition is not genuinely in the interests of justice.
