A Delhi court on Friday granted the National Investigation Agency (NIA) 18 days of custodial interrogation of Tahawwur Hussain Rana, a key accused in the 2008 Mumbai attacks, emphasising the importance of providing NIA with a “fair chance to thoroughly investigate the matter”.
Special NIA Judge Chander Jit Singh, while allowing NIA’s plea in the early hours of Friday, also noted satisfaction that the agency presented “enough material” reflecting a prima facie case and the “potential role of accused”.
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Rana, a 64-year-old Canadian citizen and former captain in the Pakistan army, arrived in Delhi on a special aircraft at around 6 pm after a stop in Dubai on Friday. He was immediately arrested by NIA, underwent a medical examination, and was subsequently produced before the Patiala House court late Friday night.
According to NIA, Rana conspired with his childhood friend David Coleman Headley, who was convicted in the US for his role in the attacks, to conduct reconnaissance of targets in Mumbai. Furthermore, the agency stated that Rana was involved in planning attacks on the National Defence College (NDC) in Delhi and Chabad Houses in various cities.
NIA also accused Rana of conspiring with operatives of Lashkar-e-Taiba (LeT) and Harkat-ul-Jihadi Islami (HUJI), both designated terrorist organisations under the Unlawful Activities (Prevention) Act (UAPA), along with other Pakistan-based co-conspirators.
The court order, seen by HT, detailed the proceedings that took place late Friday night, noting that Rana was produced at 10:50 pm and informed the court that he did not have legal representation. The court promptly provided him with legal aid counsel from the District Legal Services Authority (DLSA), Piyush Sachdev and Lakshya Dheer.
“Accused was asked if he is represented by any counsel or does he have any advocate or counsel to represent him in the case. Accused has answered in the negative. Accused was also asked if grounds of arrest in writing have been supplied to him. Accused acknowledges the supply of grounds of arrest in writing,” the court said.
NIA, in its application seeking 20 days of police custody, argued that the case pertained to the safety and security of the nation” and that Rana’s custodial interrogation was crucial to “gather evidence to unearth the criminal conspiracy hatched in the present matter.”
The agency emphasised the need to confront Rana with “relevant witnesses, forensic evidence and documents seized during the investigation and reconnaissance visits conducted by the accused and his accomplice.”
Rana’s lawyer, advocate Piyush Sachdeva, submitted that his client was suffering from multiple ailments, including cyst in his sinus and issues with his intestine. He requested appropriate medical care for Rana while in NIA’s custody and submitted the proper intimation be provided to Rana’s family members about his arrest.
The court acknowledged NIA’s contentions, highlighting the “wider conspiracy” that included reconnaissance of “multiple cities including national capital and more specifically of National Defence College,” as well as Chabad Houses in Delhi, Goa, Pushkar and Pune.
“There is enough material to say that allegations in the present matter pertains to the safety and security of the nation. The material produced on record reflects that 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 National Capital were sought to be identified. Thus, to reach at the root of the matter and to unearth the facts in the matter which are laid in deep rooted conspiracy, a sustained custodial interrogation is required,” the order stated.
The court also addressed the legal framework for granting police custody in cases involving UAPA offenses. It noted that while Section 167 of the erstwhile CrPC (applicable to this case) typically limits police custody to 15 days, Section 43-D of the UAPA modifies this period, allowing for up to 30 days of custody.
Considering the gravity of the allegations and the fact that Rana is the “first accused apprehended in the present case,” the court deemed it necessary to grant NIA sufficient time for a thorough investigation.
In another case pertaining to the attack, Mohammad Ajmal Kasab, a Pakistani national and member of terror organisation Lashkar-e-Taiba, alongside accomplice Ismail Khan, killed over 70 people at the Chhatrapati Shivaji Terminus on 26/11.
Kasab subsequently stood trial in a Mumbai court, where he was found guilty of charges of waging war against the country, murder and other sections. On May 6, 2010, he was handed the death penalty which was later upheld by the Bombay High Court and the Supreme Court.
“Since, accused produced today is the accused who is the first accused apprehended in the present case, the investigation agency should get a fair chance to thoroughly investigate the matter so as to present before the cort complete facts in a holistic manner,” the order stated.
While granting 18 days of custodial interrogation, the court also directed that Rana undergo medical examinations before being taken into custody, before being produced in court again, and every 48 hours thereafter. The court also took note of Rana’s reported health issues and directed that he be provided with “due and proper medical care as per rules.”
Acknowledging that Rana did not have legal representation of his own, the court directed the legal services counsel to continue representing him and allowed them to meet Rana for 30 minutes every alternate day in the presence of NIA officials – at a distance where they cannot overhear. The court also granted Rana’s request for writing materials to instruct his counsel and directed the legal services counsel not to speak to the media about the case.