Updated 14 February 2025 at 18:56 IST

Will Tahawwur Hussain Rana Be Hanged In India? Here's What Kasab Case Prosecutor Ujjwal Nikam Says | Exclusive

Republic TV exclusively spoke to senior lawyer and 26/11 prosecutor Ujjwal Nikam, who shed light on the legal process, India’s plans, and the road ahead.

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Death For Tahawwur Hussain Rana? Kasab Case Prosecutor Decodes
Death For Tahawwur Hussain Rana? Kasab Case Prosecutor Decodes | Image: Republic

Senior lawyer and 26/11 prosecutor Ujjwal Nikam said on Friday that Tahawwur Hussain Rana, the alleged mastermind behind the 26/11 attacks, will be extradited to India soon. He stated that Rana would have to serve either a life sentence or the death penalty in India before any possible return to the US. Speaking exclusively to Republic Media Network, Nikam, who led the prosecution of Ajmal Kasab—the only terrorist captured alive during the Mumbai attacks—shed light on the legal process ahead.

“Now that the US President has made it very clear, it means Rana will be extradited within the shortest possible time. An Indian investigation team will go to the US to take his custody and bring him to Delhi, where the NIA (National Investigation Agency) is investigating this case. They will file a charge sheet in the NIA court in Delhi,” Nikam said.

He further confirmed that Rana would be tried for his involvement in multiple criminal conspiracies, including the 26/11 Mumbai attacks.

What Happens After Rana’s Extradition?
 Upon extradition to India, Tahawwur Hussain Rana will be placed under the custody of the National Investigation Agency (NIA), and a charge sheet will be filed in a special NIA court in Delhi. Given the severity of the charges, the legal proceedings will adhere to the strictest provisions of Indian law.

Highlighting the broader significance of the case, Ujjwal Nikam stated, “We can expect him in India very soon. However, his role extends beyond the 26/11 conspiracy—he is involved in other conspiracies as well.”

Can Tahawwur Hussain Rana Be Sent Back to the US?
When asked whether Rana could be sent back to the US after his trial in India, Nikam explained “Yes, but only after the trial in India. It will depend upon the judgment of the Indian court. If he is convicted and sentenced—whether it is life imprisonment, the death penalty, or any other sentence—he will have to undergo that punishment in an Indian jail first. Only after completing his sentence will the US government decide on his return.”

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What If the Indian Court Gives Him the Death Penalty?
When asked about the possibility of Rana receiving the death penalty in India and what would happen in such a scenario, Nikam stated: “It will be too premature to comment upon the judgment.” 
He declined to speculate further, emphasizing that the legal proceedings will determine the outcome based on Indian law.

Rana's Return To India: Will This Bring Closure to the 26/11 Case?
Despite this major step, Nikam emphasized that Rana’s extradition does not mean complete closure for the 26/11 case. He pointed out that the masterminds behind the attacks are still at large in Pakistan.

“No, no, no, it won’t be a closure because the main perpetrators are still roaming free in Pakistan. Until all those involved are brought to justice, this case remains open,” he said.

Legal Process in India: How Long Will It Take?
While there is no fixed timeline, Nikam stated that legal proceedings would follow the Indian judicial system’s framework. When asked if he would represent the Government of India in prosecuting Rana, Nikam clarified, “No, no, I’m not.”

In a significant development, US President Donald Trump confirmed that the United States will extradite Tahawwur Rana, an accused conspirator in the 2008 Mumbai terror attacks, to India. Speaking at a joint press conference with Prime Minister Narendra Modi , Trump stressed the severity of Rana’s role in the attack that killed 174 people and injured over 300.

“I am pleased to announce that my administration has approved the extradition of one of the plotters (Tahawwur Rana) and one of the very evil people of the world, having to do with the horrific 2008 Mumbai terrorist attack, to face justice in India. He is going back to India to face justice,” Trump stated.

The decision comes after the US Supreme Court denied Rana's appeal to prevent extradition, following a lower court ruling in favour of India's request. The State Department affirmed its support for India's efforts in ensuring justice for the Mumbai attack victims.

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Who is Tahawwur Rana?
Tahawwur Hussain Rana, a Pakistani-origin businessman, physician, and immigration entrepreneur, has long been linked to the 26/11 Mumbai attacks. He is known for his associations with the terrorist organization Lashkar-e-Taiba (LeT) and Pakistan’s Inter-Services Intelligence (ISI). Rana played a key role in facilitating the attack through his network and connections.

Previously convicted in the US for supporting terrorism, Rana's co-conspirator, David Headley, had cooperated with US authorities and provided details about the 26/11 conspiracy. However, Rana has continued to fight extradition to India, citing various legal defences, all of which have now been dismissed.

 

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Published By : Gunjan Rajput

Published On: 14 February 2025 at 18:56 IST