“Diplomatic Victory, Big Feather In India’s Cap”: Mahesh Jethmalani On Tahawwur Rana’s Possible Extradition

In a significant legal development, the United States Supreme Court recently denied Tahawwur Hussain Rana’s petition to prevent his extradition to India, a decision that clears the way for him to face trial for his involvement in the 2008 Mumbai terror attacks.

Senior Advocate Mahesh Jethmalani, who is also a member of India’s Rajya Sabha, hailed the ruling as a “big diplomatic victory” for India. He pointed out that Rana had fought the case through multiple legal stages, from the trial court to the Court of Appeals, and his appeal against extradition was rejected at each step.

“Winning at every stage is a major achievement for India,” Jethmalani said, crediting the Indian legal team and the US lawyers who represented the American government.

Jethmalani further reinforced the strength of the evidence against Rana, noting that David Coleman Headley, a key figure in the Mumbai attacks, had implicated Rana in the plot. Headley’s testimony, delivered via video conference from the US, revealed that Rana was deeply involved in financing and facilitating the terrorist operations. “There is enough evidence against him,” Jethmalani stated.

He explained that Rana used fraudulent documents to establish an immigration service company in India, which was crucial in enabling the terrorists’ movement. Rana also faces serious charges related to forgery and his role in supporting Headley’s reconnaissance operations. “These are grave charges linked to financing terrorist activities,” Jethmalani emphasized.

Ejaz Naqvi, the defense lawyer for the 26/11 trial, also spoke on the matter, offering more details on Rana’s alleged involvement.

According to Naqvi, the charge sheet against Rana clearly indicated his role in providing covert financial support to Headley, primarily through his poultry and livestock business in the US. “Rana and Headley’s friendship goes back a long way. They were classmates at Pakistan’s National Defence Academy,” Naqvi noted. Headley himself had testified during the trial in Mumbai that much of the funding for the attacks came from Rana’s companies.

Naqvi also criticized Indian authorities for not fully investigating the offshore aspects of the conspiracy at the time. He suggested that from 2008 to 2010, the Indian government and law enforcement agencies were hesitant to delve into Headley’s role or connect the financial transactions that linked Rana to the terrorist activities. “The agencies failed to make that link,” Naqvi said.

He pointed out that funds provided by Rana were used to purchase critical equipment, such as walkie-talkies, for the attackers, but these connections were not thoroughly explored.

Rana, a Pakistani-origin businessman, is now poised to face trial in India for his involvement in the Mumbai attacks, which resulted in the deaths of 164 people. His co-conspirator, David Headley, has already pleaded guilty to his role in the attacks and is serving a lengthy sentence.

Rana faces multiple charges in India, including conspiracy to wage war, murder, forgery, and terrorism.

The US Supreme Court’s ruling marks a major milestone in the pursuit of justice for the victims of the 26/11 attacks, highlighting the importance of international cooperation in tackling terrorism. Rana’s extradition underscores the commitment to bringing perpetrators to justice, no matter where they attempt to hide.

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