Convicting Tahawwur Rana may prove challenging, says Adv Abbas Kazmi who defended Ajmal Kasab

The extradition of Tahawwur Rana from the United States marks a significant diplomatic victory for the Narendra Modi-led government and a milestone for Indian security agencies in their pursuit of justice for the 2008 Mumbai terror attacks. However, convicting the 26/11 accused may not be straightforward, warns senior advocate Abbas Kazmi, who represented Pakistani terrorist Ajmal Kasab during his trial.

In an exclusive interaction with IANS, Kazmi said that while securing Rana’s extradition is commendable, the absence of direct and conclusive evidence could complicate the legal process in India.

"In Ajmal Kasab’s case, there were 30 to 32 eyewitnesses who testified about the atrocities committed by ten Pakistani terrorists. In contrast, Tahawwur Rana was not physically present in Mumbai during the attacks. No one saw him on the scene," Kazmi explained.

"This lack of direct involvement makes the prosecution’s job much harder. Convicting Rana based on circumstantial evidence alone will be an uphill task," he added.

Despite the legal challenges ahead, Kazmi acknowledged that the Indian investigative agencies must have presented substantial evidence to US authorities to secure the extradition order. This material, he noted, could still be pivotal in proving Rana’s role in orchestrating the attack, which claimed more than 150 lives.

Rana, who has been incarcerated in the US for several years, is considered one of the key conspirators behind the Mumbai terror strike. He is also known to be closely associated with David Coleman Headley, the Pakistani-American terrorist who conducted reconnaissance of several locations that were later targeted in the coordinated assault.

Kazmi offered further insight into Rana's background, noting that he was born in Pakistan and served in the country's military before migrating to Canada and obtaining Canadian citizenship.

He also lauded the Indian government's diplomatic efforts. "The Modi-led administration deserves credit for effectively engaging with US authorities and ensuring Rana's extradition. It is a significant step forward in India's quest for justice for the victims of 26/11," Kazmi said.