Who is Tahawwur Rana, the 26/11 Mumbai attacks accused, who can now be extradited to India from the US?

In a significant breakthrough for justice, Tahawwur Rana, a key accused in the 2008 Mumbai terror attacks, is now on the brink of extradition from the United States to India.

On August 15, the US Court of Appeals for the Ninth Circuit ruled that Rana is eligible for extradition under the treaty between the two countries.

The ruling followed an appeal by Rana, with a three-judge panel upholding a California district court’s rejection of his habeas corpus petition, which challenged the magistrate judge’s certification for his extradition to India.

The court has confirmed that India had provided sufficient evidence to support the magistrate judge’s finding of probable cause for Rana’s involvement in one of the deadliest terror attacks in Mumbai, which resulted in 166 deaths and over 300 injuries.

However, he still has the option to appeal the decision.

But who is Rana and how did he help in orchestrating the 26/11 attacks? Let’s take a closer look

Who is Tahawwur Rana?

Tahawwur Rana, now 63, studied at the Hasan Abdal Cadet School in Pakistan, where he became friends with David Headley, also known as Daood Gilani, a US citizen who was born to an American mother and a Pakistani father— who was later convicted of planning the 2008 Mumbai terror attacks.

After serving as a doctor in the Pakistani Army for a brief period, Rana moved to Canada in 1997, establishing himself as a businessman specialising in immigration services, and eventually gaining Canadian citizenship.

Rana founded First World Immigration Services, a consultancy with offices in Chicago and other locations. According to investigations, the Mumbai branch of this business provided Headley with the perfect cover to identify and survey potential targets for the Lashkar-e-Taiba (LeT) to carry out the attacks.

Rana had a ‘childhood friend’ David Headley, aka Daood Gilani— who was later convicted of planning the 2008 Mumbai terror attacks. PTI

On November 26, 2008, 10 LeT terrorists unleashed terror in Mumbai, targeting prominent sites in the heart of the city such as the Chhatrapati Shivaji Terminus, Taj Mahal Hotel, Nariman House, and Cama and Albless Hospital. The horrific attack claimed the lives of 166 people, including six Americans.

In October 2009, American authorities arrested Rana at Chicago’s O’Hare airport on charges related to the 26/11 attacks. Based on Headley’s testimony, Rana was sentenced to 14 years in prison, followed by five years of supervised release.

Additionally, in 2011, he was convicted in Chicago for supporting a plot to attack the Danish newspaper Jyllands-Posten, which had published cartoons of the Prophet Muhammad in 2005. Dubbed the “Mickey Mouse Project” by al-Qaeda, the plan was never executed.

How is Rana linked to 26/11 attacks?

After his arrest, Tahawwur Rana admitted to knowing that Lashkar-e-Taiba (LeT) was a terrorist organization and that his ‘childhood friend’ David Headley had attended their training camps in Pakistan.

According to a US document, in late 2005, Headley received instructions from LeT to travel to India and conduct surveillance. In early 2006, Headley, along with two LeT members, discussed opening an immigration office in Mumbai as a cover for his activities.

US authorities have stated that Headley informed Rana of the assignment, and they decided to use Rana’s First World Immigration Services office as a cover. “Rana then directed an individual associated with First World to prepare documents supporting Headley’s cover story and advised Headley on how to obtain a visa for travel to India,” according to Headley’s testimony, as well as corroborating emails and other documents.

Before the Mumbai attacks, Rana reportedly helped Headley obtain a multiple-entry business visa to India through Raymond Sanders, who ran an immigration law center in Chicago and also provided financial support.

He paid Headley $500 (around ₹41,937) in September 2006, ₹67,605 in October 2006, ₹17,636 in November and $1,000 (₹83,875) in December 2006.

On November 26, 2008, 10 armed terrorists belonging to Lashkar-e-Taiba sailed to Mumbai unleashing one of the most brutal attacks in the history of India. FILE/Reuters

During a cross-examination before a special court in Mumbai in March 2016, Headley informed the court that he had visited the Bhabha Atomic Research Centre to recruit people for the attacks upon instructions from Major Iqbal of Pakistan’s Inter-Services Intelligence (ISI) and that Rana knew about this.

He was also aware of the specifics of the attacks on the Taj Mahal Palace Hotel, having discussed attack targets with Headley in great detail.

Rana is wanted by the National Investigative Agency and has been charged with criminal conspiracy, waging or attempting to wage war against the Government of India, murder, forgery for the purpose of cheating, and other crimes.

Rana’s extradition

On December 4, 2019, India submitted a diplomatic note to the US to extradite Tahawwur Rana. Following this, on June 10, 2020, India filed a complaint seeking Rana’s provisional arrest with a view towards extradition.

The Biden Administration supported and approved the extradition, reinforcing the long-standing bilateral Extradition Treaty between India and the US, signed in 1997.

Rana was re-arrested in the US in June 2020 after India’s extradition request. Previously, he had been in federal custody in Chicago since October 18, 2008, on charges related to an attack planned in Denmark. He was briefly released in 2020 on compassionate grounds after testing positive for COVID-19.

Judge Jacqueline Chooljian, Magistrate Judge of the US District Court Central District of California, approved India’s extradition request in a 48-page order dated May 16, 2023.

Rana had argued that the US extradition treaty with India protected him from extradition due to its ‘Non Bis in Idem’ (double jeopardy) provision. He also claimed that India did not provide sufficient evidence to demonstrate probable cause for the crimes charged.

Judge Jacqueline Chooljian, Magistrate Judge of the US District Court Central District of California, approved India’s extradition request for Rana in a 48-page order dated May 16, 2023. Image for Representation. Pixabay

In his appeal, Rana contended that he couldn’t be extradited based on conduct for which he was acquitted in the US, asserting that the term “offence” refers to underlying acts. However, the US government argued that “offence” refers to a charged crime and requires an analysis of each crime’s elements.

Thus, according to the government, the Treaty permits Rana’s extradition because the Indian charges contain distinct elements from the crimes for which he was acquitted in the United States.

Rana, however, still has the option to appeal against this ruling, meaning he has not exhausted all legal avenues to prevent his extradition to India.

With input from agencies

_{Images are for reference only.Images and contents gathered automatic from google or 3rd party sources.All rights on the images and contents are with their legal original owners.}