The Indo-US extradition treaty may pose a major hindrance to India’s efforts to produce David Headley and Tahawwur Rana before a Delhi court over the Mumbai attacks, as it does not allow handover of a person already convicted or acquitted for the offence he has been sought for.
“The (1997 extradition) treaty between India and the US precludes the extradition of Rana. The court here would not allow it. Rana was acquitted to the charges related to Mumbai in the US,” Patrick Blegan, the attorney for Rana told PTI.
Blegan was responding to questions regarding the order given by a Delhi court to the National Investigating Agency (NIA) that Headley and Rana be produced before it on March 13.
51-year-old Headley, a Pakistani-American LeT operative, and his childhood friend Rana, a Pakistani-Canadian, are currently lodged in a Chicago jail and awaiting their sentencing.
On Tuesday, Indian ambassador to the US, Nirupama Rao, met US Attorney General Eric Holder and he assured all help.
However, Blegan said under the current extradition treaty, it is not possible to hand over Rana to India. “Extradition shall not be granted when the person sought has been convicted or acquitted in the Requested State for the offence for which extradition is requested,” says the India Extradition Treaty signed in 1997.