Tahawwur Hussain Rana is one of the accused in the 2008 Mumbai terror attacks. After many years of legal battles, the United States has agreed to send him to India for trial. This is based on the India-US Extradition Treaty signed in 1997. Rana had fought extradition, but after his appeal was rejected by the US Supreme Court, his extradition was approved. This case highlights the importance of extradition treaties and how they help countries bring criminals to justice. This article will explain how the extradition process works, the principle of double jeopardy, and why extradition treaties are important.

Latest News on the India-us Extradition Treaty

• Tahawwur Rana, a Pakistani-origin Canadian businessman was accused of involvement in the 2008 Mumbai terror attacks. He has been extradited from the United States to India.
• This extradition follows a prolonged legal battle in the US where Rana exhausted all available legal avenues to prevent his transfer. The US courts, including the Supreme Court, had rejected his pleas for a stay on the extradition.
• Upon arrival in India, Rana was taken into custody by the National Investigation Agency (NIA). He will now face trial in India for his alleged role in the planning and execution of the Mumbai attacks.

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Extradition Meaning

Extradition is the process by which one country formally hands over a person accused or convicted of a crime to another country where the crime was committed. It is used when the person has fled from the country of offence to avoid arrest or punishment. Extradition helps ensure that criminals cannot escape justice by simply crossing borders.

Extradition Law in India

Extradition in India is governed by the Extradition Act, 1962, which allows the government to extradite individuals to or from foreign countries for facing trial or serving punishment for crimes committed outside India. India can extradite a person based on bilateral treaties or reciprocal arrangements, even if no formal treaty exists. The process is overseen by the Ministry of External Affairs, and the Central Government has the final say. Extradition is usually not allowed for political or military crimes, or where there is a threat of unfair trial or torture in the requesting state. The law serves an important purpose in enhancing international cooperation in combating cross-border crime.

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The India-US Extradition Treaty was agreed to in 1997. The treaty helps the two nations in joining hands to apprehend criminals who have committed extremely heinous crimes. It prescribes provisions and conditions for sending suspects from one nation to another to face trial.

• Serious Crimes: The treaty covers crimes like terrorism, murder, and fraud. If someone is accused of a crime punishable by prison time, they can be sent to the country where the crime happened.
• Dual Criminality: This means the crime must be considered illegal in both countries.
• Political Crimes: Crimes like protesting against the government are not usually extraditable. However, terrorism and certain other serious crimes are exceptions.

In Rana’s case, the US agreed to send him to India because the crime he is accused of, terrorism, is a serious offense in both countries.

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Purpose of an Extradition Treaty

The main goal of an extradition treaty is to help countries work together to fight crime. When criminals try to escape justice by moving to another country, extradition treaties allow them to be sent back to face trial.

Extradition is especially important for crimes that happen across borders, like terrorism. In Rana's case, the suicide attacks he assisted to plan in Mumbai victimized citizens from all over the world. Therefore, the countries involved should collaborate and punish the criminals.

Major Principles of Extradition

Extradition treaties have some prerequisites. Among the most significant ones are:

• Dual Criminality: The offense has to be illegal in both nations. This makes it so a person is only extradited for offenses that both nations believe are serious.
• Political Crimes: A person cannot be extradited if their crime is related to political protest or disagreement with the government. However, crimes like terrorism are not considered political.
• Fair Trial: When someone is sent back to face trial, the country asking for the extradition must promise that the person will get a fair trial and won’t face torture or inhumane treatment.

In Rana’s case, the US promised that he would receive a fair trial in India, which made his extradition possible.

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About Double Jeopardy

Double jeopardy refers to the fact that one cannot be tried twice for the same offense. This is in place to shield individuals from multiple trials for a single offense.

In Rana's case, he had contended that since he had already been tried in the US, it would be unjust to try him a second time in India. The US courts opined, however, that the charges in India differed sufficiently from the charges he was tried for in the US. Thus, they had stated that double jeopardy was not involved in his case, and he could be extradited.

Constitutional Provisions Protecting Against Double Jeopardy

In India, Article 20(2) of the Constitution protects against double jeopardy. It says that no one can be tried or punished for the same crime more than once. This law helps to ensure fairness in the legal system.

However, like in Rana’s case, this rule may not apply if the charges in different countries are different enough from each other.

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Here’s a table showing the difference between Extradition and Asylum in international law:

Significance of Extradition Treaties

Extradition treaties are important because they help countries cooperate to catch criminals, even if they have fled to another country. Without these treaties, criminals could escape justice by crossing borders.

The India-US Extradition Treaty has helped India in cases like Tahawwur Rana's, where he was accused of helping plan the 26/11 Mumbai attacks. The treaty allows the US to send Rana back to India to face trial.

Extradition serves as a caution to criminals that they cannot hide in another country in order to evade justice.

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Challenges Associated with Extradition Treaties

Although extradition treaties are significant, there are certain issues:

• At times, extradition becomes political. States may not wish to extradite an individual due to diplomatic considerations.
• People sometimes try to delay extradition by using legal arguments. For example, double jeopardy can be a reason why someone doesn’t want to be extradited.
• Not all countries have the same laws. What one country considers a crime might not be considered a crime in another country. This can make extradition harder.

Despite these challenges, extradition treaties are still an important tool to bring criminals to justice.

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Other Extradition Treaties of India

India has also signed extradition agreements with various other nations, such as the UK, Canada, and UAE. These agreements have enabled India to return criminals to stand trial, including individuals involved in financial fraud and similar heinous crimes.

However, some extradition requests have been refused. For example, the US has refused to extradite David Headley, another key person involved in the 26/11 attacks, due to a plea bargain agreement.

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