Introduction

Recently, the US court has denied the writ of Habeas Corpus filed by Pakistani-origin Canadian businessman Tahawwur Rana, who he is facing a trial for his involvement in the 2008 Mumbai terror attack.

What is the Background of this Issue?

• Tahawwur Rana, a former Pakistan army doctor is accused of aiding and abetting the reconnaissance carried out by David Coleman Headley for November 26, 2008, Mumbai terror attacks.
• David Coleman Headley is a Pakistani- American terrorist and one of the main conspirators of the 26/11 Mumbai attacks.
• Tahawwur Rana was arrested by American police after David Headley was arrested at Chicago’s O’Hare airport in October 2009.
• David Headley gave a testimony against Tahawwur Rana as a government witness at his trial.
• David Headley said in court that in July 2006, he had travelled to Chicago to meet Tahawwur Rana and told him about the mission.
• Tahawwur Rana provided financial support to David Headley, paying him Rs. 67, 605 in October 2006, $500 in November 2006, Rs 17, 636 a few days later, and $1000 in December 2006.
• As per the India-US Extradition Treaty, India applied for the extradition of Tahawwur Rana through the Ministry of External Affairs.
• In 2020, the Indian Government submitted to the California Court that Tahawwur Rana should be lawfully extradited to India.
• The administration mentioned in its submission that the case of Tahawwur Rana adheres to the criteria of the extradition treaty between the countries.
• In 2023, the District Court of the United States has granted permission to extradition of Tahawwur Rana.
• In 2023, Tahawwur Rana who is detained at Metropolitan Detention Centre in Los Angeles, filed a writ of habeas corpus challenging the court order of extradition to India.
• The District Court of the United States has denied Tahawwur Rana’s petition for writ of habeas corpus by a separate order.

What are the Legal Provisions in Relation to Extradition?

Extradition

• Extradition has been defined by the Supreme Court as the delivery on the part of one State to another of those whom it is desired to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State.
• The law relating to extradition in India is governed by the Extradition Act, 1962 and the Extradition treaties obtained between India and other countries.
• The Extradition Act, 1962 applies to both the extraditing persons to India and from India to foreign countries.
• As per the Section 34 of this Act, India has extra-territorial jurisdiction, that is, an extradition offence committed by any person in a Foreign State shall be deemed to have been committed in India and such person shall be liable to be prosecuted in India for such offence.
• Section 2(c) of this Act, extradition offence means -
  • In relation to a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State.
  • In relation to a foreign State other than a treaty State an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a composite offence.
• Section 2(d) of this Act defines an Extradition Treaty as a Treaty, Agreement or Arrangement made by India with a Foreign State, relating to the extradition of fugitive criminals which extends to and is binding on India.
• Extradition treaties are traditionally bilateral in character.
• Extradition treaties can be initiated in the case of under-investigation, under-trial and convicted criminals.
• At present, India has extradition treaties with 48 countries and extradition arrangement with 12 countries.

Principles Governing Extradition

• Principle of Double Criminality:
  • This principle, also known as Dual Criminality states, that extradition is available only when the act in question is an offense in the jurisdictions of both the States (the requesting State and the State requested).
• Principle of Specialty aka Specificity:
  • The requesting State pledges to judge the requested person only for the crime for which extradition was requested, and not for any other offence.
• Political Exception:
  • Extradition must be declined if the real purpose of the request made is to punish the person requested for his political opinion rather than for the crime committed by him.
  • The term political offences have not been clearly defined in international law.

Conclusion

• The extradition of Tahawwur Rana will strengthen the diplomatic ties between India and United States as the process of extradition assist governments in bringing criminals who have escaped justice. It serves as a disincentive to criminals by serving as a reminder that they cannot avoid punishment by fleeing to another state.