"We can now bring justice in the case": Senior Advocate Majeed Memon argues for fair trial for terror accused Tahawwur Rana

Mumbai (Maharashtra) [India], April 10 (ANI): As the extradition of terror accused Tahawwur Rana is nearing, Senior Advocate Majeed Memon on Thursday stressed the importance of conducting a "fair trial" just like it happened for Ajmal Kasab, who was given a death sentence for his involvement in the 26/11 Mumbai attacks. He said that it was an accomplishment for the country that a "disgusting" terrorist was handed over.
Apprising the horrors of the 2008 Mumbai terror attacks, where 166 people were killed, Memom questioned the delay in the extradition of accused Tahawwur Rana, leading to delayed justice, saying that the extradition should have happened sooner.
Having said that, Memon argued that his extradition remains an "accomplishment" since justice would be served as Rana would face trial in Indian courts for his role in the terror attacks, where innocent people lost their lives.
"This is an accomplishment for us that a disgusting terrorist, who was in hiding, was handed over so that we do justice. The incident (26/11) can't be forgotten because the conspiracy planned by the terrorists occurred in the financial capital of the country...166 people died in the incident, which happened on November 26, 2008," Memon told ANI.
"I want to ask why this delay of 18 years. America should be asked questions too since justice remains to be served to those who lost their lives...and those who committed (this crime)," he added.
He highlighted the importance of trial of terror-accused Rana and suggested a fair trial. He argued that a fair criminal trial was a crucial requirement to ascertain the truth, just like it happened in the case of Kasab, who was given a advocate by the court for his defence.
"The US took too long a time. He should have been extradited sooner. We have to celebrate the fact that we will be able to do justice in this matter now. This case is important for the whole world. We will have to ensure that we have a fair trial from international standards since a criminal trial is a quest for truth, just like it happened during Ajmal Kasab's trial. I am sure the investigation team would do well if he is lawfully investigated and trial is conducted in a fair manner," Memon, former Rajya Sabha MP, said.
Sources have told ANI that there are two factors which have played a role in India securing Rana's extradition.
The first was legal arguments that countered the double jeopardy offence. India, represented by a robust team of legal experts, successfully argued before U.S. authorities that the principle of double jeopardy is determined by the specific elements of the crime rather than the defendant's conduct.
Indian officials refuted Rana's claim of double jeopardy, emphasising that his prosecution under India's stringent Unlawful Activities (Prevention) Act does not violate this principle.
The counsel for Tahawwur Rana had urged the US Supreme Court to review the lower court's decision to extradite him to India, citing the principle of double jeopardy, which prevents a person from being tried or punished twice for the same offence.
The second factor that led to the country's success in securing the extradition was India's diplomatic influence.
Meanwhile, the Trial court records related to the 26/11 Mumbai terror attacks that were called from Mumbai to Delhi at the end of January, naming Tahawwur Rana and David Coleman Headley as accused, were recently received by the Patiala House Court, as per official sources.
In January, Delhi's Patiala House Court recalled its trial court records related to the Mumbai attacks following an application filed by the NIA requesting their retrieval from Mumbai.
Tahawwur Rana, a Pakistani-Canadian national, was convicted in the US for the banned terrorist outfit Lashkar-e-Taiba (LeT) operatives and providing material support to the group responsible for the Mumbai attacks that killed over 174 people.
Rana's extradition marks a significant step in the pursuit of justice for the victims of the 2008 Mumbai terror attacks.
The central government has appointed advocate Narender Mann as a Special Public Prosecutor to conduct the trials and other matters related to the NIA case. (ANI)