The extradition of Tahawwur Hussain Rana to India marks a significant achievement driven by robust legal arguments and determined diplomatic engagement, according to an official involved in the process.
Speaking on the condition of anonymity, the official revealed that one of the primary hurdles was Rana’s legal team invoking the defence of double jeopardy in the United States.
They argued that Rana had already faced trial for related charges and therefore could not be prosecuted again.
However, Indian legal experts effectively countered this claim, clarifying that the double jeopardy protection applies strictly to specific crimes, not general conduct.
They argued that the charges against Rana under the Unlawful Activities (Prevention) Act were distinct from those for which he was previously tried in the US.
The American court, along with the US Department of Justice, accepted India’s interpretation, clearing the legal pathway for extradition.
Nevertheless, legal reasoning alone did not ensure success. A senior source familiar with the extradition process said India’s robust diplomatic push was instrumental.
Behind closed doors, Indian officials persistently leveraged the country's growing global stature and bilateral ties with the US to expedite the process.
“India’s diplomatic presence played a major role in overcoming challenges and securing Rana’s handover sooner than expected,” the source said.
Sources privy to the developments informed that general assurances were extended to US authorities regarding Rana’s treatment in Indian custody.
These included commitments to his safety, protection from torture, and adherence to trying him solely for the offences listed in the extradition order.
Rana, accused of involvement in the 2008 Mumbai terror attacks, is expected to arrive in India on Thursday aboard a special flight following the final clearance from the US.
The 64-year-old Canadian national of Pakistani origin had been held at the Metropolitan Detention Centre in Los Angeles.
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