Why in News?

• More than 16 years after the 2008 Mumbai terror attacks, key conspirator Tahawwur Rana has been extradited to India from the United States.
• His arrival marks a major milestone in India’s counterterrorism efforts and showcases the efficacy of sustained diplomatic, legal, and intelligence cooperation between India and the US.

What’s in Today’s Article?

• Background (26/11 Mumbai Terror Attacks, About Tahawwur Rana, Legal Proceedings, Extradition Journey, etc.)
• About Extradition (Challenges in Extradition Process)

Background - Key Details of 26/11 Mumbai Terror Attacks:

• Date: November 26–29, 2008.
• Casualties: 166 killed, over 238 injured.
• Perpetrators: 10 Pakistani terrorists affiliated with Lashkar-e-Taiba (LeT).
• Targeted sites: CST railway station, Taj Mahal Hotel, Oberoi Trident, and Nariman House (Jewish Centre).
• Modus operandi: Infiltration via sea route from Pakistan.

Who is Tahawwur Rana?

• Nationality: Pakistani-born Canadian citizen.
• Background: Former officer in Pakistan Army Medical Corps.
• Association: Close associate of David Coleman Headley (aka Daood Gilani), key Lashkar-e-Taiba scout.
• Arrested: In Chicago, October 2009.
• Role in 26/11:
  • Logistical support: Facilitated planning and coordination of attacks.
  • Affiliations: Linked to LeT and Harkat-ul-Jihadi Islami (HUJI) - both banned under India’s Unlawful Activities (Prevention) Act, 1967.

Legal Proceedings and Extradition Journey:

• Key milestones:
  • US Magistrate Court approves extradition; accepts India's argument (led by Sr. Advocate Dayan Krishnan) refuting the double jeopardy defense.
  • Later, the US Supreme Court denied relief, dismissing the review plea, and finalizing extradition.
• Role of legal and security agencies:
  • Lead counsel (India): Dayan Krishnan (Senior Advocate).
  • Prosecution team: Narender Mann, Sanjeevi Sheshadri, Sridhar Kale, NIA legal team.
  • Security escort: NSG and NIA officials; special aircraft used for transfer from Los Angeles.
• Current status:
  • Formally arrested at IGI Airport, New Delhi.
  • Produced before NIA Special Court, Patiala House.
  • Remanded to 18 days of NIA custody.

Political and Diplomatic Significance:

• India-US cooperation:
  • Extradition treaty basis: India-US Extradition Treaty.
  • Key support: US Department of Justice, Sky Marshal, and Indian intelligence.
  • Diplomatic coordination: MEA, MHA, NIA, and Indian Embassy in the US.
• Political reactions: PM Modi thanked the US for supporting India’s justice system.

What is Extradition?

• Definition: Formal process where one country surrenders an individual to another country for prosecution or punishment.
• Key principles:
  • Treaty-based: Usually requires a bilateral or multilateral treaty.
  • Dual criminality: Offence must be punishable in both jurisdictions.
  • Exceptions: Political offences, lack of good faith, etc.
• India’s extradition framework:
  • Extradition treaties: With 48 countries.
  • Extradition arrangements (non-binding): With 12 countries.
  • Governing agency: Ministry of External Affairs (MEA).

Challenges in Extradition Process:

• Lengthy legal procedures: Rana’s case took over a decade to conclude.
• Political sensitivities: Extradition often depends on diplomatic relations.
• Contrast with Headley case: David Headley’s plea deal in the US prevents extradition; serving a 35-year sentence there.