Acknowledging that Tahawwur Hussain Rana was one of the first accused to be arrested in the 26/11 Mumbai terror attack, an NIA court stated that the agency has enough material reflecting a prima facie case and his potential role. Granting Rana’s 18-day custody to NIA, additional sessions judge (NIA) Chander Jit Singh observed that his sustained custodial interrogation was required to unravel the deep rooted conspiracy in the matter.
“There is enough material to say that allegations in the present matter pertain to the safety and security of the nation. The material produced on record reflects that the conspiracy in question travels beyond the geographical border of India, and multiple targets in the form of various places in multiple cities of India, including the national capital, were sought to be identified. Thus, to reach the root of the matter and to unearth the facts in the matter which are laid in a deep-rooted conspiracy, a sustained custodial interrogation is required,” the judge said in the order.
Since Rana is the first accused apprehended in the case, “the investigation agency should get a fair chance to thoroughly investigate the matter so as to present before the court complete facts in a holistic manner,” court said.
The judge noted that while section 167 of the erstwhile CrPC (applicable to this case) typically limits police custody to 15 days, section 43-D of UAPA allows for up to 30 days of custody.
When the court asked Rana if he had any legal representative to represent him, he replied in the negative. However, he acknowledged that he was supplied with grounds of arrest by NIA in writing.
The special judge, considering Rana’s request that any lawyer assigned to represent him should not seek to earn fame through him, directed the legal aid counsel (LACs) not to speak to the media.
Rana arrested on arrival
Rana, who played a key role in plotting the 2008 terror attack on Mumbai that claimed 166 lives, was arrested by NIA after his arrival from US on a special flight. The Pakistani-Canadian terrorist was produced before the special judge, who held an in-camera hearing on NIA counsel and special public prosecutor Narender Mann’s plea for his remand. Rana was represented by Piyush Sachdeva, provided to him by Delhi Legal Services Authority.
The extradition process was a nailbiting affair with fears of sabotage looming till the flight touched down at Palam airport’s technical area. The home ministry and the office of the National Security Advisor (NSA), along with Intelligence Bureau (IB), constantly monitored the flight ferrying Rana, taking precautions to thwart any attempt to stop him from landing in the grasp of Indian agencies. Sources said a dummy code was generated for the chartered aircraft, a Gulfstream G550, to avoid detection on public flight trackers and alleviate threats of an attack. The aircraft took off from Los Angeles and landed in Delhi after a pitstop in Romania.
