CONTEXT: The United States Supreme Court has denied the request of Tahawwur Hussain Rana, who is accused in the 2008 Mumbai Terror Attack, to block his extradition to India.
Emergency Application
- Rana submitted an “Emergency Application For Stay.”
- This was done after the US President approved his extradition.
- The approval followed a meeting with the Indian Prime Minister.
Apprehension and Charges
- Rana was apprehended in Chicago, United States, in October 2009.
- He was arrested due to his involvement in the 26/11 attacks.
Extradition Process
- His extradition will proceed under the India-US Extradition Treaty.
- The treaty was established between India and the US in 1997
Definition of Extradition
- Extradition is the formal process of transferring an individual from one nation to another.
- This process shifts legal authority over the individual to the receiving country.
- The individual may be facing allegations or may have already been convicted of a crime in the destination country.
Requirement for Criminal Offense
- The offense for which the individual is being extradited must also be recognized as a crime in the country initiating the extradition.
Legal Framework in India
- The Extradition Act of 1962 governs India’s extradition of fugitive offenders.
India’s Extradition Treaties
- India has established extradition treaties with several nations, including the United Kingdom, the United States, and Bangladesh.
India-US Extradition Treaty
- The Extradition Treaty between India and the United States was signed in 1997.
- It establishes a legal framework for the extradition of individuals charged with or convicted of serious crimes in either country.
Extraditable Offences
- The treaty includes crimes that carry a minimum sentence of one year in prison, including financial crimes.
- The principle of dual criminality applies, meaning the crime must be punishable in both jurisdictions.
- Extradition will be granted regardless of where the offense was committed.
Exceptions
- Political offences are excluded from extradition under the treaty.
- Certain actions, like crimes against heads of government, aircraft hijacking, crimes against internationally protected persons, and hostage-taking, are not classified as political crimes.
- Extradition is prohibited if the individual has already been convicted or acquitted in the Requested State for the same offence.
Extraditions from the US
- Between 2002 and 2018, the treaty facilitated the extradition of 11 Indian fugitives from the United States.
- This was reported by the Ministry of External Affairs to Parliament.