New Delhi: India’s successful extradition of Tahawwur Rana represents more than just a legal victory; it involved meticulous courtroom arguments and strategic diplomatic maneuvers, according to an official involved in the extradition process.
Speaking anonymously, the official highlighted that one of the primary challenges was Rana’s double jeopardy defense, as his legal team in the U.S. argued that prosecuting him again for related offenses would violate legal principles. However, Indian legal experts effectively countered this by clarifying that double jeopardy pertains to specific crimes rather than general conduct. They argued that Rana’s prosecution under India’s Unlawful Activities (Prevention) Act was distinct from his earlier trial in the U.S.
This reasoning was accepted by the American court and the U.S. Department of Justice, paving the way for his extradition.
Legal arguments alone, however, were insufficient. A significant element in this process was India’s strong diplomatic influence. Indian officials worked diligently behind the scenes, utilizing the country’s global standing and close ties with the U.S. to facilitate the swift progression of the extradition. Sources familiar with the matter indicated that India’s diplomatic efforts played a crucial role in overcoming various challenges and ensuring Rana’s handover occurred sooner than anticipated.
As a result, a combination of robust legal foundations and strong diplomatic initiatives has enabled the Indian government to secure Rana’s return.
According to sources, general assurances have been provided to U.S. authorities regarding Rana’s extradition, which include commitments to his safety in custody, protection against torture during his time in India, and confirmation that he will only face trial for the specific offenses linked to his extradition.
Tahawwur Rana, implicated in the Mumbai terror attacks, is expected to arrive in India on Thursday via a special flight after all extradition procedures were finalized by the United States. The 64-year-old Canadian national of Pakistani descent had been detained at the Metropolitan Detention Centre in Los Angeles.