Why in the News?

Over 16 years after the 26/11 Mumbai terror attacks, Tahawwur Rana, a key planner, was finally brought back to India from the US to face trial.

What role did he play in the 26/11 Mumbai terror attacks?

• Cover Identity: Tahawwur Rana provided a false business cover to David Headley, enabling him to enter India multiple times without raising suspicion. Eg: Rana’s immigration company, First World Immigration Services, was used to justify Headley’s visits to India as “business trips” while he was actually surveying 26/11 attack targets like the Taj Mahal Hotel and Chabad House.
• Operational Support: Rana helped facilitate key documentation and communication links between Headley and terrorist organizations. Eg: He assisted Headley in obtaining a new passport with a false identity and supported contacts with Lashkar-e-Taiba (LeT) operatives, maintaining secrecy for the attack planning.
• Logistical and Financial Assistance: Rana’s actions indirectly enabled the planning and execution of the attacks through financial backing and logistical coordination. Eg: He supported Headley’s multiple reconnaissance trips to Mumbai and funded arrangements that helped terrorists carry out the coordinated assault which killed 166 people and injured over 238.

What is the extradition treaty between India and the USA?

• Bilateral Legal Framework: It is a formal agreement signed in 1997 that allows both countries to request and surrender individuals accused or convicted of serious crimes. Eg: India requested the extradition of Tahawwur Rana under this treaty for his role in the 26/11 Mumbai terror attacks.
• Dual Criminality Principle: A person can be extradited only if the offense is a crime in both India and the United States. Eg: Conspiracy to commit terrorism is punishable in both countries, fulfilling the condition for Rana’s extradition.
• Judicial and Diplomatic Process: The extradition process involves legal scrutiny by courts and coordination between diplomatic and law enforcement agencies of both nations. Eg: US courts reviewed Rana’s case and, after rejecting multiple appeals, extradited him with cooperation from the US Department of Justice.

What legal processes did Tahawwur Rana undergo in the US before being extradited to India?

• Extradition Hearing: A US District Court evaluated India’s request to determine if the charges met the treaty’s conditions and legal standards. Eg: In May 2023, the District Court for the Central District of California approved Rana’s extradition after reviewing evidence and charges.
• Appeals and Legal Challenges: Rana filed multiple appeals to delay extradition, including petitions in higher courts and emergency applications. Eg: He moved the Ninth Circuit Court of Appeals and later the US Supreme Court with habeas corpus petitions, all of which were denied.
• Final Clearance and Custody Transfer: After exhausting all legal options, US authorities coordinated with Indian officials to hand over Rana formally. Eg: The US Department of Justice and US Sky Marshal teams worked with Indian NIA and MEA for his secure transfer to Delhi.

Way forward: 

• Strengthen International Counter-Terror Cooperation: Enhance collaboration on intelligence sharing, joint operations, and faster legal coordination under extradition treaties. Eg: Streamlined communication between NIA and FBI can prevent delays in apprehending fugitives and tracking transnational terror networks.
• Fast-Track Trial and Victim Justice: Ensure expedited judicial proceedings to bring long-pending terrorism cases like 26/11 to closure and deliver justice to victims. Eg: A special fast-track court under the NIA Act can help conclude Rana’s trial swiftly, reinforcing public trust and legal deterrence.

Mains PYQ:

[UPSC 2021] Analyse the complexity and intensity of terrorism, its causes, linkages and obnoxious nexus. Also, suggest measures required to be taken to eradicate the menace of terrorism.

Linkage: The issue of terrorism, its multifaceted nature, and the measures needed to combat it, which aligns with the context of the 26/11 attacks.

Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now