As India is all set to extradite the 26/11 Mumbai attacks suspect Tahawwur Hussain Rana from the US, former Director General of National Investigation Agency (NIA) Yogesh Chander Modi termed the move a “big achievement” for India. Rana, the primary conspirator behind the 2008 attacks, would now face trial in India as his extradition was cleared by the US Supreme Court.
Speaking to ANI, Yogesh Chander Modi praised the persistent efforts of the NIA and the Indian government in pursuing the case for over a decade. “”This is a big achievement for the nation, MEA and NIA. This was 15 years old matter. NIA has worked hard on this case,” he said.
“Extradition Possible Due to Political Will of India and US”
Accentuating the multi-agency coordination involved in securing the Tahawwur Rana’s extradition, the retired NIA chief stated that the agency presented foolproof evidence and traveled to the host nation several times. “n this conspiracy case, Tahawwur Rana and David Headley came to India, but the main challenge in this case was that Rana came to India only once. For his extradition, we had to provide full proof evidence to America, had to convince courts,” he clarified.
“Works were done on different levels on this case, Indian government worked with US government and NIA worked with prosecutions agencies of US. This is possible after lot of efforts and hard work,” he asserted.
Centre Ensures Proper Interrogation, Evidence Collection
Chander also emphasized that all Indian agencies would now act together to provide a complete investigation of Rana’s arrival. “The Central government, Delhi Police and NIA will ensure that proper interrogation of Tahawwur Rana is carried out and collect evidence so that the case can be brought to its logical conclusion…,” he stated.
Tahawwur Rana, a Pakistani-Canadian citizen, is charged with assisting in the planning of the 2008 Mumbai attacks that resulted in the deaths of more than 174 individuals. The extradition enables India to prosecute him on its territory.
Home Minister Calls It a ‘Diplomatic Success’
Union Home Minister Amit Shah also welcomed the Tahawwur Rana’s extradition as a major diplomatic achievement. Addressing the Network18 Rising Bharat Conclave, Shah stated, “Tahawwur Rana’s (26/11 Mumbai terror attacks accused) extradition is a very big diplomatic success of the Modi government.”
Rana is being extradited from the US after the United States Supreme Court dismissed his emergency appeal to suspend the proceedings. On February 11, the US Secretary of State signed the warrant of surrender allowing him to be extradited. Even when Rana’s lawyers filed an emergency motion for a stay, the Supreme Court rejected his request on April 7.
Centeral Government Appoints Special Prosecutor for Trial
In anticipation of the forthcoming trial, the Ministry of Home Affairs has appointed Advocate Narender Mann as the Special Public Prosecutor to handle proceedings regarding the NIA case RC-04/2009/NIA/DLI. The case involves both Tahawwur Rana and David Coleman Headley, who is now serving a jail sentence in the United States after signing a plea agreement.
“In exercise of the powers conferred by sub-section (1) of section 15 of the National Investigation Agency Act, 2008 (34 of 2008), read with sub-section (8) of section 18 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Central Government hereby appoints Narender Mann, Advocate as Special Public Prosecutor for conducting trial and other matters related to NIA case RC-04/2009/NIA/DLI on behalf of the National Investigation Agency before the NIA Special Courts at Delhi and Appellate Courts, for a period of 3 years from the date of publication of this notification or till the completion of trial of the said case, whichever is earlier,” the Home Ministry’s official notification stated.
NIA Case Against Rana and Headley Dates Back to 2009
The government had filed the case on November 11, 2009, under different provisions of the Indian Penal Code (IPC), the Unlawful Activities (Prevention) Act (UAPA), and the SAARC Convention (Suppression of Terrorism) Act, the NIA said. The FIR had listed both Rana and Headley as prime accused.
“As per the Government of India, Ministry of Home Affairs order No. 11034/10/ 2009-IS.VI dated 11/11/ 2009 National Investigation Agency (NIA) registered a case on 11/11/2009 at NIA Police Station, New Delhi as Case RC-04/2009/NIA/DLI under sections 121A of IPC, Section 18 of Unlawful Activities (Prevention) Act and Section 6(2) SAARC Convention (Suppression of Terrorism) Act against 1) David Coleman Headley @ Daood Gilani (US Citizen), 2) Tahawwur Hussain Rana (Canadian citizen) and others,” the NIA said.
Extradition Requests, Letters Rogatory, and Legal Push
The NIA reported that the accused were arrested in the US, and formal extradition requests were made for both. Although Rana’s extradition has now been cleared, India has also issued a Letter Rogatory to Pakistan requesting cooperation in the investigation, but no response has come so far.
“NIA sent Extradition Requests to USA for extradition of accused persons David Coleman Headley and Tahawwur Hussain Rana, which are still pending for execution by the authorities of USA. A letter Rogatory (letter of request for assistance in investigation) has been furnished to the Islamic Republic of Pakistan, and the reply is awaited from them,” the agency further stated.
After the inquiry, the NIA submitted a chargesheet on December 24, 2011, before the Special NIA Court in Patiala House, New Delhi. The charges were brought under various sections of the IPC, UAPA, and connected anti-terror legislation.
Justice to the 26/11 Victims
Tahawwur Rana’s extradition is likely to usher in a new chapter in the 26/11 Mumbai attacks trial. It reflects India’s determination to bring all the conspirators, including those who were based abroad, to justice. As Rana is all set to be in NIA custody, the case is one step closer to providing closure to the victims’ families and a long-overdue trial long overdue on Indian soil.
