As Tahawwur Hussain Rana is expected to land in the national capital this evening, he will be first formally taken into custody by the National Investigation Agency (NIA), India’s premier counter-terrorism agency responsible for investigating the 26/11 Mumbai terror attacks case. Tahawwur Rana will be the third person to face trial in India in the 26/11 case. Before him, Ajmal Kasab and Abu Jundal were tried in India.
Rana will arrive in Delhi on a special Indian Air Force plane, escorted by a multi-agency team including the NIA. After years of legal battles in the US, where he exhausted every appeal—including a final rejection by the Supreme Court on April 7—he’s now in the custody of the Indian investigators. This marks a turning point in a case that’s haunted India for nearly two decades.
There are several legal steps to be followed based on standard procedures for extradited individuals accused of serious crimes like terrorism in India.
As part of the standard procedure for individuals in custody, Rana will undergo a medical examination to assess his health condition. This step ensures compliance with legal and human rights obligations, especially since Rana had previously cited health issues including heart conditions and Parkinson’s disease in his appeals against extradition in the US.
Rana is expected to be produced before a special NIA court, likely at the Patiala House Courts in Delhi, which handles terrorism-related cases. Due to security concerns and the high-profile nature of the case, this may occur via video conferencing rather than a physical appearance in open court. But since the courts are closed today on account of Mahavir Jayanti, he could be presented before a judge at their residence or through an in-camera proceeding.
The NIA is expected to seek custodial interrogation of Rana, requesting maximum custody up to 14 days. This remand period will allow investigators to question him regarding his alleged role in the 26/11 attacks, his connections to Lashkar-e-Taiba (LeT), and potential links to Pakistani state actors, as outlined in the NIA’s 2011 chargesheet.
Rana will be formally arrested under Indian law, aligning with the extradition request and the existing charges against him. The charges include Conspiracy to wage war (Section 121A, IPC), Murder (Section 302, IPC), Criminal conspiracy (Section 120B, IPC), Committing a terrorist act (Section 16, UAPA) and Forgery (Section 465, IPC).
During the custodial period, the NIA, along with other intelligence agencies, will interrogate Rana to gather evidence and potentially uncover new leads. The trial process will then proceed in the special NIA court, where the prosecution will present evidence, including testimonies from co-conspirator David Coleman Headley, travel records, and communications linked to the 26/11 attacks.
Rana has reportedly secured legal counsel and his defense team will have the opportunity to challenge the prosecution’s evidence.
The trial itself could be lengthy, given the complexity of the case and its international dimensions. India may also use Rana’s interrogation to strengthen diplomatic and legal efforts against Pakistan-based actors involved in the attacks, though the focus will remain on securing a conviction based on existing evidence.