Has the US put a stay on the death sentence of Tahawwur Rana? Know what agreement was reached between India and the US

New Delhi, Tahawwur Hussain Rana, the main accused in the 26/11 Mumbai terrorist attack, has recently been extradited from the US to India, which has sparked discussion and expectations across the country. But the question is whether the US has put any stay on giving death penalty to Rana? Also, what guarantee has India given to the US? Let us discuss this complex legal and diplomatic aspect in detail

The question of Tahawwur Rana's extradition and death sentence

Tahawwur Rana, a Canadian citizen of Pakistani origin, was brought from the US to Delhi on a special plane on 10 April 2025. The National Investigation Agency (NIA) immediately arrested him and he has been kept in a high security ward in Tihar Jail. Rana is accused of conspiring with Lashkar-e-Taiba (LeT) and David Coleman Headley in the 2008 Mumbai attack, which killed 166 people. In India, he will be tried under sections 120B (criminal conspiracy), 121 (waging war against the country), 302 (murder), and sections 18 and 20 of the Unlawful Activities (Prevention) Act (UAPA). He can also be sentenced to death under these sections. 

However, social media and some reports claimed that the US has put a stay on giving death penalty to Rana. But recent information and official statements make it clear that the US has not put any such condition. A senior NIA official said, "The crimes for which Rana has been extradited are also considered serious crimes in the US. Therefore, no objection has been raised from the US to the death penalty." This statement indicates that there is no legal barrier to Rana being sentenced to death, provided Indian courts deem it appropriate.

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What guarantee did India give to the US?

Under the Extradition Treaty signed between India and the US in 1997, certain conditions are set during extradition. In this case, the Indian government has assured the US that Rana will be given full protection during his detention in India and he will not be subjected to torture. This guarantee is in line with international human rights laws and the UN Convention Against Torture, which both countries follow.

However, it is worth noting that at the time of Abu Salem's extradition in 2005, India had given a guarantee to Portugal not to award the death penalty. But no such condition has been imposed in the case of Tahawwur Rana. This difference is because Rana's crimes have been considered equally serious in both the US and India, and US courts have not put any hurdles in his extradition that would prevent a death sentence.

US and India's response

US President Donald Trump approved Rana's extradition during a meeting with Prime Minister Narendra Modi at the White House in February 2025. Trump had said, "We are sending a very violent individual to India, where he will face justice." It is clear from this statement that the US has not interfered in India's legal process in the matter of Rana's punishment.

In India, the Ministry of Home Affairs and the NIA have planned strong legal action against Rana. Home Minister Amit Shah said, "Rana's extradition is a victory of our zero tolerance policy against terrorism. He will stand before the law and get punishment, whatever it may be."

Debate on social media

#TahawwurRanaDeathPenalty and #USIndiaExtradition are trending on social media. Some users believe that Rana should get the harshest punishment, while others are raising questions whether the US has secretly put any conditions. In one post, a user wrote, "If the US does not stay the death penalty, it is a big diplomatic victory for India." On the other hand, some users have raised human rights concerns, claiming that Rana's health condition should be taken into account.

What do legal experts say?

Legal experts believe that the decision on the death penalty in Rana's case will depend entirely on the Indian courts. Senior advocate Prashant Bhushan said, "There is no explicit bar in the extradition treaty, but if Rana's health condition is found to be serious, the court can consider it while deciding the sentence." On the other hand, former Attorney General Mukul Rohatgi said that the death penalty is possible given the severity of Rana's crime, as it is the biggest case of Terrorism

Conclusion

The US has not put a formal stay on the death sentence for Tahwur Rana, and India has only given a guarantee that he will not be subjected to torture. Rana's fate is now in the hands of the Indian justice system, where he will have to answer for his role in the 26/11 attack. The case is giving rise to debate not only on legal, but also diplomatic and ethical aspects, and more updates are expected in the coming days.