Extradition architect to lead prosecution of 26/11 Mumbai attack conspirator Tahawwur Rana in India

In a major step toward justice for the 26/11 Mumbai terror attacks, senior advocate Dayan Krishnan — who spearheaded India’s extradition case against Tahawwur Hussain Rana in the US — is now set to lead the National Investigation Agency’s (NIA) prosecution of the accused in Delhi.

Rana, one of the principal conspirator in the 26/11 Mumbai terror attacks that left 166 people dead, was extradited from the US and landed in Delhi on April 10 to face trial.

The 64-year-old Canadian citizen of Pakistani origin was taken into custody by NIA upon his arrival at the Palam technical area in the capital. His arrival marks a watershed moment in India’s decade-long diplomatic and legal pursuit to bring the 2008 attack conspirators to justice.

Krishnan, a key figure in the extradition proceedings since 2010, will be supported by Special Public Prosecutor Narender Mann, a seasoned criminal lawyer with prior experience representing the Central Bureau of Investigation in the Delhi High Court.

The prosecution team will also include advocates Sanjeevi Sheshadri, Sridhar Kale, and NIA’s in-house counsel.

The turning point in the extradition saga came on May 16, 2023, when a Magistrate Judge of the US District Court for the Central District of California ruled in favor of India. The judge upheld Krishnan’s argument that Rana’s case did not constitute double jeopardy — a legal doctrine that prohibits an accused from being tried twice for the same offense.

“The most critical legal breakthrough came with the Magistrate Court’s decision that validated India’s claim and Krishnan’s legal stance,” said a source closely involved in the proceedings.

Rana’s legal defense was led by renowned UK-based extradition expert Paul Garlick QC, who argued that the charges violated double jeopardy. Krishnan countered that the nature of the crime — not the conduct — defined the legal grounds, and thus, Rana could be prosecuted in India. The court ultimately sided with Krishnan, bolstering India’s position.

Another milestone followed on August 10, 2023, when Rana’s appeal was rejected by a US District Judge. Subsequent appeals also failed: the US Court of Appeals for the 9th Circuit dismissed his plea on August 15, 2024, and the US Supreme Court denied relief on January 21, 2025.

The final blow came on April 4, when the Supreme Court rejected his review petition—removing the last obstacle to his extradition.

Rana’s extradition represents a critical breakthrough for Indian authorities seeking justice for the November 26, 2008 Mumbai attacks. Over three harrowing days, 10 Pakistani terrorists infiltrated Mumbai by sea, unleashing coordinated attacks across key locations, including CST railway station, two luxury hotels, and a Jewish center. The assault claimed 166 lives and left hundreds wounded.

With Rana’s imminent arrival in India and a powerful prosecution team in place, legal proceedings are expected to intensify in the coming weeks, offering a renewed sense of justice for the victims and their families.

In an official statement, the NIA confirmed the extradition as the outcome of “years of sustained and concerted efforts” by Indian and US authorities.

“With the active assistance of the US Department of Justice and the US Sky Marshal, the NIA worked closely with Indian intelligence agencies and the National Security Guard throughout the extradition process,” the agency said, adding that the Ministry of External Affairs and the Ministry of Home Affairs played a pivotal role in pushing the case to its conclusion.