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India
The long-awaited extradition of Tahawwur Rana, a key accused in the deadly 2008 Mumbai terror attacks, is finally moving forward after a complex and years-long legal fight that stretched from local courts in California all the way up to the U.S. Supreme Court.
Indian officials say this case was one of the toughest they’ve pursued, requiring multiple visits to the United States, constant engagement with U.S. authorities, and a lot of legal maneuvering to keep Rana in custody when he was close to being released during the pandemic.
A Long Road to Justice
Rana, 64, a former officer in the Pakistan Army and a Canadian citizen born in Pakistan, was first arrested by U.S. authorities on October 18, 2009 — just two weeks after his childhood friend David Coleman Headley was taken into custody for his role in the 26/11 attacks.
“Getting Rana is a big deal from the point of view of ensuring justice for the victims of the Mumbai attacks,” one Indian official said anonymously. “It brings some sense of closure at a time when Pakistan has failed to prosecute the main conspirators.”
Convictions and Charges
In the United States, Rana was charged and convicted in 2011 for helping plan a terror attack in Denmark and for providing support to Lashkar-e-Taiba (LeT), the Pakistan-based terror group that carried out the Mumbai attacks. He was, however, acquitted of charges related to the Mumbai attack itself.
Even as his U.S. trial played out, India had declared Rana a wanted man. In August 2018, India issued an arrest warrant for him on charges including murder, waging war against the nation, and criminal conspiracy in connection with the 26/11 attack that left 166 people dead.
India also sought the extradition of Headley, but the U.S. refused, citing a plea deal that prevented him from being sent abroad. Headley, who had worked as a double agent for an American agency, pleaded guilty to 12 terrorism charges — including his central role in the Mumbai attacks — and agreed to cooperate with investigators.
“Headley was a double agent and the US would never give him up,” said the same Indian official.
Rana Was Almost Released During the Pandemic
In January 2013, a U.S. court sentenced Rana to 14 years (168 months) in prison. But during the COVID-19 pandemic, he was granted compassionate release after serving seven years.
Just one day after being freed in June 2020, Rana was rearrested — this time based on India’s formal extradition request. At this point, India’s National Investigation Agency (NIA) began stepping up its efforts. Teams were sent to the U.S. in both 2010 and 2018 to gather evidence and build a strong case.
Indian Lawyers and U.S. Prosecutors Team Up
To strengthen the extradition case, India brought in some top legal minds. British barrister Paul Garlick defended Rana, while senior Indian advocate Dayan Krishnan — known for high-profile cases like the 2012 Delhi gang rape — traveled to the U.S. to help India’s case, working for free.
U.S. prosecutors argued that Rana knowingly supported LeT by providing cover for Headley, despite knowing about his links to the terrorist organization. They said Rana’s support made him complicit in Headley’s actions.
To defend himself, Rana attacked Headley’s credibility, calling him a “serial cooperator” and urging the court not to believe his testimony. But the court sided with prosecutors and ruled against Rana.
On May 16, 2023, a California district court officially cleared Rana’s extradition to India.
Double Jeopardy Argument Fails
Trying to block his extradition, Rana filed a habeas corpus petition in California, citing “double jeopardy” — a legal principle that says someone can’t be tried twice for the same crime.
But after examining the U.S.-India extradition treaty, both the U.S. Justice and State Departments concluded that Rana could still be extradited, as the charges filed in India were different, even though they came from the same events.
In court documents, Krishnan explained: “Indian constitutional law on double jeopardy, like American constitutional law, determines whether two offences are the same by first examining whether the two offences carry the same elements.”
Rana’s plea was ultimately rejected by the California court on August 10, 2023. He then appealed to the Ninth Circuit Court, which dismissed his case on August 15, 2024.
Final Pleas to the U.S. Supreme Court Denied
Not ready to give up, Rana turned to the U.S. Supreme Court. His appeal was filed on November 13, 2024, but it was rejected on January 21. The final approval for extradition came shortly afterward, with the Trump administration backing it during Prime Minister Narendra Modi’s visit to the U.S. in February. Secretary of State Marco Rubio signed the extradition order.
Rana made one last desperate attempt on March 6, 2025, appealing again to the Supreme Court. Justice Elena Kagan turned down his request. On April 7, Chief Justice John Roberts also refused to hear the case, officially ending Rana’s fight to avoid being sent back to India.
India Assured the U.S. of Fair Treatment
One senior Indian official admitted the process wasn’t easy. “It takes a long time for such a complex case to move through the US system, from the California courts to the Supreme Court. But the extradition also reflects the way bilateral relations have strengthened,” the official said.
At every turn, Rana’s legal team raised concerns about Indian prisons and claimed he wouldn’t receive a fair trial. But Indian authorities countered by pointing to the trial of Ajmal Kasab — the only terrorist captured alive during the Mumbai attacks.
“We made it clear Kasab’s case demonstrated the principle of natural justice was followed and that he wasn’t tortured,” said the official. “It also negated Rana’s claim that he wouldn’t get a fair trial.”
Kasab was tried, convicted, and executed in 2012 after multiple levels of judicial review in India.
To reassure U.S. authorities, India promised that Rana would not be tortured, would be kept safe in jail, and would only be tried for the charges listed in the extradition request.
Now that the legal path is clear, Indian officials are hoping Rana’s extradition will finally bring new information to light — especially about the role of Lashkar-e-Taiba and Pakistan Army officers in planning and executing the attacks.
