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NEW DELHI: Senior advocate Dayan Krishnan, who spearheaded India’s case for 26/11 Mumbai attack plotter Tahawwur Rana’s extradition in the United States Supreme Court, will now lead the National Investigation Agency‘s (NIA) prosecution in Delhi.
Rana, who worked closely with 26/11 primary plotter David Coleman Headley (also known as Daood Gilani), a US citizen, is reportedly en-route to India after the US Supreme Court rejected his review petition against extradition on April 4.
Krishnan, involved with the extradition process since 2010, will work alongside Special Prosecutor Narender Mann, an experienced criminal lawyer who previously represented the Central Bureau of Investigation at the Delhi High Court.
Additional legal representatives include advocates Sanjeevi Sheshadri and Sridhar Kale, along with NIA counsel, according to sources.
A significant development occurred in May 2023, with Rana’s trial having commenced in 2018.
Rana had arranged passports for fellow jihadi, Pakistani-American David Coleman Headley, aka Dawood Gilani, to travel to India to select targets for the terror attack that was being hatched by Lashkar in collaboration with ISI, Pakistan’s spy agency. Rana gloated over the deaths in Mumbai on Nov 26, 2008 and said that the jihadis responsible for it should be given Pakistan’s highest posthumous military honours, according to NIA.
So far only Ajmal Kasab, the sole LeT terrorist involved in 26/11 rampage who was nabbed alive, had been prosecuted.
“The most important decision of his extradition came on May 16, 2023, being the first judgment by the Magistrate Judge, US District Court of Central District of California,” said a source close to the extradition proceedings.
The Magistrate Court endorsed Krishnan’s position while approving the extradition, confirming that Rana’s situation did not constitute double jeopardy.
The proceedings featured intense legal debates between Krishnan and extradition specialist Paul Garlick QC, who defended Rana.
While Garlick maintained it was double jeopardy, Krishnan contended that the crime’s elements, not the accused’s behaviour, determined the circumstances.
Double jeopardy refers to punishing someone twice for the same crime.
The court accepted the arguments presented by Krishnan, who represented India’s government alongside the US department of justice.
Another crucial victory came when a US District Judge dismissed Rana’s appeal on August 10, 2023.
After this setback, Rana approached the US Court of Appeals 9th Circuit, but faced rejection on August 15, 2024, according to the source.
Rana, aged 64 and a Canadian citizen born in Pakistan, then sought help from the US Supreme Court, which denied relief on January 21, 2025.
Finally, on April 4, the US Supreme Court rejected Rana’s review petition, his last attempt to avoid extradition, the source noted.
On November 26, 2008, ten Pakistani terrorists launched coordinated attacks in Mumbai’s CST, two luxury hotels and a Jewish centre, after entering India’s financial hub via the Arabian Sea. The three-day siege resulted in 166 deaths.
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