One of the greatest hurdles in the extradition process of Tahawuur Rana, who is charged as one of the key conspirators of the 2008 Mumbai attacks, to India was the 'double jeopardy' legal issue. According to this principle, an individual cannot be tried twice for the same offense. But sources indicated, it was only by cleverly handling this legal hurdle that it was possible to secure Rana's extradition from the US.
Tahawuur Rana is a Pakistani-origin Canadian, who was based in the US. India has been insisting for long on extraditing him to India for his alleged active role in the Mumbai attacks of 2008. But as Rana had already been convicted on certain charges under the US justice system, India's suggestion of requesting a retrial on grounds of 'double jeopardy' did not hold.
As per sources, India has elaborated in the US court that the offenses on which Rana was convicted in the US were entirely different and on the grounds of independent incidents. The Indian agency of investigation succeeded in demonstrating that the role assumed by Rana in the conspiracy, preparation and commission of the Mumbai attacks was not within the jurisdiction of US, and therefore it is important to prosecute him in India. By the combined legal approach of the investigation agency and the government, it was established that the Indian charges against Rana belong to a new and distinct category of offenses. For this purpose, the US court adopted the plea of the Indian authorities and ruled in favor of his extradition. This was indirectly a great diplomatic and legal achievement for India.
Experts opine that this extradition has established a precedent for India in future international cases. At the same time, it has demonstrated that with precise information, correct legal interpretation and international co-operation, even tough legal obstacles can be crossed over.
India has made one more move ahead in prosecuting the 26/11 Mumbai attacks through the extradition of Tahawuur Rana. But it still needs to make effective moves against the financiers of terror outfits such as Lashkar-e-Taiba and keep the international pressure on.
