The US Supreme Court on Saturday paved the way for Mumbai attack convict Tahawwur Rana’s extradition to India, giving a shot in the arm to the National Investigation Agency probing the larger conspiracy behind the 26/1 Mumbai terror attacks. The court's decision to dismiss the review petition filed by the Pakistani-origin Canadian businessman came after the US government supported India’s request for his extradition last year.
The key is quick extradition. Rana is serving a 14-year sentence in the US prison for supporting a Pakistani terror group and plotting a terror plot in Denmark which ends in 2027.
What has worked in India's favour so far is the diplomatic cooperation offered by the US government, from former President Joe Biden to US President Donald Trump, who took charge on January 21.
The decade-long effort, insiders reveal, began with close collaboration between the investigators in India and the United States in 2014 and 2015, which has turned out to be crucial in India's 26/11 investigations.
A senior Mumbai police officer, Atulchandra Kulkarni, then joint Commissioner of police in Mumbai, accompanied by Ujjwal Nikam, special public prosecutor in the 26/11 case, quietly flew to the US and met senior officers of the FBI and the state department. The aim was to secure their cooperation for the testimony of Lashkar-e-Taiba operative David Coleman Headley, who was in American custody.
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The American sleuths asked them why Headley's deposition was needed if he was not present in Pakistan or India at the time of the attacks. If Ajmal Kasab, the lone surviving terrorist, did not meet Headley, why his cooperation was required, asked the FBI sleuths.
To New Delhi’s dismay, Headley had entered a plea bargain agreement with the US government shutting doors for his extradition to India or Pakistan for his involvement in 26/11.
The duo succeeded in explaining why Headley’s testimony was required before a Mumbai court. This paved the way forward for a successful partnership between the two countries that brought Headley to the courtroom in Mumbai, where he spilled the beans on the role of key accomplice and friend Tahawwur Rana. Headley also said the entire conspiracy was hatched by the LeT with the active assistance of some officers of the Pakistan army.
What also worked in India’s favour was that Rana’s extradition case was being fought by the US authorities on its behalf, which is rare, particularly in extradition matters related to another country. The legal collaboration was effective, senior government officials told THE WEEK.
The fact that the US has been supporting India’s stance on bringing the 26/11 perpetrators to book, has been reassuring for investigators. Unlike Headley, the Americans were not interested in keeping Rana on their soil. He did not enjoy any immunity.
The NIA was quick to follow up. Investigators realised that if Rana completes his sentence in the US—his sentence ends in 2027—and returns to Canada, India may have to pursue the matter afresh.
But bigger challenges lie ahead. Rana was not named in the chargesheet filed by the Mumbai Police but was only an accused in the bigger 26/11 conspiracy.
The ball is now in the NIA’s court to firm up enough evidence. If the extradition comes through, Rana might spill the beans on key terror conspirators hiding in Pakistan, like LeT patron Hafiz Saeed, the “project manager” of the 26/11 attacks Sajid Mir and LeT commander Zakiur Rehman Lakhvi among others. The NIA hopes that the extradition process will receive a boost from diplomatic efforts in Washington.
