JUSTICE ON A WIRE

A long-drawn court battle paved the way for Tahawwur Rana's extradition

- NAMRATA BIJI AHUJA

ON THE DAY Tahawwur Rana was to be released after seven years' remission of his 14-year sentence during the Covid-19 pandemic, a request by the National Investigation Agency for his extradition to India stopped the authorities from releasing him. He was placed under arrest pending adjudication of the Indian petition, based on an Indian court warrant for his arrest issued on August 28, 2018.

Not the one to give up easily, Rana used all the avenues at his disposal to prevent the NIA's extradition effort. He employed a British barrister and Queen's Counsel Paul Garlick, who argued for the benefit of double jeopardy to prevent the extradition. Senior counsel Dayan Krishnan, representing the NIA pro bono, however, demolished the arguments. Krishnan was special public prosecutor in high profile cases like the Nirbhaya rape and murder, the Nitish Katara murder, the Naval war room leak and the Commonwealth Games scam.

Even after the US government decided to extradite him, Rana made another appeal against the US state department order to delay the process on humanitarian grounds. Officials of the external affairs ministry have expedited the paperwork with the US authorities because, if the court considers his appeal and gives a stay order, the extradition can be delayed by a few months.