The case of extradition of Tehwwur Rana is once again in the headlines. India will have to follow the International extradition Treaty in this matter. Under this, Rana can neither be sentenced to death, nor can a new case be filed against him. In India, Rana can be prosecuted only in the case which he has written in front of the American court during extradition. Even though India has filed many cases against Rana, only the case will be written against him in front of the extradition court.
Let me tell you that after being brought from America to India, the Government of India is bound by some strict terms and conditions under the Indo-US extradition treaty of 1997. This treaty is not only a symbol of legal cooperation between the two countries, but also decides that any person or priest who is being extradited, his rights should be respected. Now it is important to see in this matter that after this extradition, now what are the difficulties in front of India and what are the responsibilities. First it is known that what are the conditions in the extradition of Tehwavur Rana?
The most important aspect of the treaty is “law of characteristic”. Under this, Tahwwur Rana can only be detained, prosecuted or punished in India for the same crime, for which he has been extradited. If the Indian government wants to take action against them for another crime, it will not be possible, except that it is associated with the original facts of the crime, after extradition, or has received special discounts from America. This rule protects Rana’s rights and forces India to limit its action.
Can India hand over Tahwavur Rana to a third country? The answer is, no, unless America gives clear consensus. According to the treaty, Rana cannot be sent to the third country for any crime committed before extradition. This condition also forces India to maintain its credibility internationally.
After extradition, Rana will get the right to fair hearing in India. It is not just a formality, but also an essential part of Indian law and international human rights standards. India will have to decide that there is no bias with Rana and their legal process should be transparent. This rule also puts a big responsibility on India’s judicial system.
The process of extradition is not inexpensive. Under the treaty, the request country, that is, India usually spends the cost of this process. However, there may also be special financial agreements between the two countries. In the case of Rana, it will be interesting to see how big this expenditure will be and how to handle its burden.
India will have to follow its own laws, in which the extradition act of 1962 is prominent. This act controls the process of treating extradited individuals. There is no scope for any kind of negligence or removal of rules, otherwise questions can be raised on India’s international credibility.
The extradition of Tahwwur Rana is not only a legal issue, but also a proof of the strength of Indo-US relations. But at the same time it is also a challenge for India. The challenge is because India will have to keep its judicial process transparent and fair, following legal obligations. It remains to be seen how India implements these conditions and what steps are taken in the case of Rana. This matter remains a matter of curiosity not only for the experts of the law, but also for the general public.