NDTV Explainer: What Next For Tahawwur Rana After Losing Extradition Appeal

Mumbai attacks convict Tahawwur Hussain Rana has exhausted his legal options to evade extradition to India. This clears the obstacles to bring him back to face the charges for what is counted among the deadliest terror attacks across the world.

The 2008 terror attacks shook Mumbai, the financial capital of the country. At least 166 people were killed in the attacks by Lashkar-e-Taiba (LeT), a banned outfit.

Ajmal Kasab, the sole attacker who was caught alive, was the only convict executed in the case. Two more masterminds are yet to be brought to justice, Rana being one of them.

Another is Sayed Zabiuddin Ansari alias Abu Jundal, an Indian operative who worked for the Lashkar terror group. He was arrested in 2012 after being identified by Kasab and is currently imprisoned in Mumbai.

Who Is Tahawwur Rana?

Rana, a Canadian national of Pakistani origin, had earlier worked as a doctor for the Pakistan Army. He had prior knowledge of the attacks, and a federal jury convicted him of helping Lashkar with material support in 2011.

He was also known to Pakistani-American David Headley, who was among the main conspirators of the 26/11 attacks. Rana and Hadley were arrested in 2009 by the FBI while plotting an attack against a Danish newspaper. During his interrogation in the US, Hadley had revealed before Indian officers that he had travelled to India five times between 2007 and 2008 and done recce for the Mumbai attacks - using a five-year visa that Rana had helped him obtain.

Hadley had also revealed the role of Lashkar in the Mumbai attacks and said he had opened an immigration company to hide his identity with Rana's help. He had testified that Rana gave him all the logistical and financial support he needed.

To prepare for the attack, Rana visited Mumbai with his wife and stayed at the Taj Mahal Hotel, which later became a target of the attacks.

The Extradition

Besides being legal, Rana's extradition has been a long diplomatic battle for India. In 2019, the government had first approached the US with a request to extradite him. For the next six years, India repeatedly followed this up with the US authorities while Rana looked for legal options.

The breakthrough came last August when a lower court ordered his extradition and was upheld by the Supreme Court earlier this month. It has now turned down a review request, clearing all the legal obstacles to his extradition.

Read: Terrorists To Economic Offenders: 5 Fugitives India Is Trying To Extradite

Since 2019, India has maintained Rana was the mastermind behind the 26/11 attacks.

In his defence, Rana had argued that he was tried in a local district court in Chicago for the Mumbai attacks, and he cannot be tried for the same offence in another country as per the extradition treaty between India and US.

The US Solicitor General, however, told the court that all the charges against Rana, on which India seeks his extradition, were not covered by the US government's prosecution.

What's Next

Legal obstacles being taken care of, it's now a matter of time before Rana is extradited to India.

His extradition will not be just a big diplomatic victory but an example of how people cannot run from the law after committing a crime. His interrogation on the Indian land will help Indian officers reveal new details and missing links.

Related to the 26/11 attacks or not, cases can be reopened if the investigators find any clue from Rana. If someone evaded enforcement radar in the past, they could face a fresh probe.

Rana has been a close associate of the Pakistani spy agency ISI and by bringing him to India, Indian agencies will get access to what actually transpired behind this conspiracy, said PK Jain, former police chief of Maharashtra.

"Rana is aware of the operations of the ISI and Pakistani elements in America and India. He's going to be a storehouse of information. I'm sure Indian agencies will be able to dig out a lot of important information from him," he told NDTV.

Aniket Nikam, an advocate at the Bombay High Court, said once Rana is brought back, a fresh case will be filed against him and a new chargesheet will be prepared. India and the US had signed an extradition treaty in 1998, under which the process of bringing him back had started, he said.

The extradition process will start with Rana's deportation from the US. Indian officers will go there and take him into custody, after which he will face the trial, said Mr Nikam.

“The US Supreme Court has rejected Rana's appeal. After that you have no other option left. He will be brought to India. This victory was achieved through diplomatic channels. He will be brought to India as soon as possible,” said the advocate.