Give us 26/11 accused Tahawwur Rana, it won't be double jeopardy: NIA tells America

NEW DELHI: The National Investigation Agency (NIA) has asked the US to examine two sections of the Indian Penal Code for which 26/11 accused David Coleman Headley and Tahawwur Hussain Rana have been charge-sheeted here but were not covered by US law during trial there. If the US Department of Justice (DoJ) is convinced, it could lead to NIA getting the custody of at least Rana.

During a recent videoconferencing with DoJ, NIA cited Section 468 (forgery for purpose of cheating) and Section 471 (using a genuine a forged document) of the IPC where there is no ‘double jeopardy’. Double jeopardy is legal parlance for a law that prevents punishing of a criminal twice for the same offence.

According to officials, DoJ raised the issue of double jeopardy. “We have supplied the legal opinion to the DoJ in consultation with international law experts. The same is under examination by US authorities,” said a top NIA investigator said, adding that NIA was hopeful of getting at least the custody of Rana.

Under Section 468, the maximum punishment could be up to 7 years but the offence is cognisable, non-compoundable and nonbailable, while Section 471, the offence is bailable. According to NIA chargesheet, both Rana and Headley forged documents and despite refusal of permission by RBI, “the two continued operating the office of immigrant law centre and pursued vigorously the directives of LeT…,” according to the NIA chargesheet.

Rana was sentenced to 14 years prison on January 17, 2013, after a three-week trial in a US district court in Chicago, while Headley entered into a plea bargain and cannot be extradited to India for crimes convicted in US. “But if the plea agreement is violated and Headley refuses to cooperate with the US or foreign governments, then India stands a chance for his extradition,” explained an official.

In its chargesheet before a Delhi court, the NIA charged Headley, Rana, Hafiz Saaed, Zaki-ur-Rehman Lakhvi, Ilyas Kashmiri, Sajid Mir, Abdur Rehman Hashim Syed, Major Iqbal and Major Sameer Ali. As per the NIA, the accused allegedly planned and made preparations by scouting important places in India on behalf of the LeT and HuJI including, but not limited to, the 26/11 attacks.