Delhi Court Pulls Up Tihar Jail for Denying 26/11 Mastermind Tahawwur Rana Phone Access to Hire Lawyer
Delhi court sought explanation from Tihar Jail for not allowing 26/11 mastermind Tahawwur Rana to call family for hiring a private lawyer despite court order
Delhi Court questions Tihar Jail over Denial of Legal Rights to 26/11 mastermind Tahawwur Rana
A Delhi Court has sought an explanation from Tihar Jail authorities for not allowing 26/11 Mumbai terror mastermind Tahawwur Rana to communicate with his family over the phone for the purpose of engaging a private lawyer, despite a previous court order permitting the same.
The matter is listed for further hearing on September 19 before Special Judge (NIA) Chanderjit Singh of the Patiala House Court.
Rana, who appeared via video conferencing, informed the Court through his legal-aid counsel, Advocate Piyush Sachdeva, that he has not been able to speak to his brother in Canada using the jail’s phone facility, which was authorized for a limited purpose by the court.
In an order dated August 7, the Court had allowed Rana to talk to family members, including his brother, thrice for 10 minutes each within four weeks, strictly for engaging a private counsel. Rana is currently represented by a legal-aid counsel provided to him.
During the September 8 hearing, the Court asked the jail superintendent to explain why contempt proceedings should not be initiated for failing to comply with the court’s directions. The superintendent reportedly told the Court that approval had been sought from the NIA, but Rana had still not been allowed to make the calls despite over a month having passed since the order.
The Court will revisit the issue on September 19 to ensure compliance with its earlier directives and uphold Rana’s right to engage private legal representation.
The Special NIA Court had taken note of Rana’s request and had reserved its order on the issue on August 5, after receiving responses from the National Investigation Agency (NIA) and Tihar Jail authorities.
The Court had earlier, on June 9, allowed him a single supervised call under jail rules.
Meanwhile, on July 15, Rana had moved a separate application for provision of a bed and mattress, citing his medical condition and age, 64 years and 6 months. Jail authorities had opposed the request, citing the rule that only inmates aged 65 and above are eligible for a bed. Rana's judicial custody has been extended till August 13. The agency had earlier collected voice and handwriting samples from Rana and argued for extended custody, citing non-cooperation and evasive responses during interrogation.
Allegations against Rana
Rana is a key conspirator in the 2008 Mumbai terror attacks and is accused of facilitating the operations of David Coleman Headley, who conducted reconnaissance in Mumbai ahead of the 2008 attacks. According to NIA, Rana had conspired with David Coleman Headley (also known as Daood Gilani), operatives of Lashkar-e-Taiba (LeT) and Harkat-ul-Jihadi Islami (HUJI), and other Pakistan-based actors to orchestrate the devastating 2008 attacks.
From November 26 to 29, 2008, ten terrorists from the Pakistan-based LeT carried out 12 coordinated shooting and bombing attacks across Mumbai. They infiltrated the city by sea, broke into teams, and launched strikes at high-profile locations, including the Chhatrapati Shivaji Maharaj Terminus, Taj Mahal Palace Hotel, Leopold Café, and a Jewish center.
Attackers indiscriminately opened fire and hurled grenades at civilians, resulting in the deaths of 166 people, including six Americans, and injuring over 238. Property damage was estimated to exceed $1.5 billion.
Rana now faces trial in India on 10 serious criminal charges, including conspiracy, murder, commission of a terrorist act, and forgery. His extradition was ordered by a U.S. court in May 2023, but Rana pursued multiple appeals, including petitions in the Ninth Circuit Court of Appeals and the U.S. Supreme Court, all of which were rejected. On April 9, the U.S. Marshals Service executed the final surrender warrant, handing him over to Indian authorities.
After Rana’s arrival in New Delhi following his extradition from the United States on the evening of April 10. He was, on April 11, produced before Special NIA Judge Chander Jit Singh, Patiala House Court. NIA had then sought 20 days of police custody for Rana. However, the Special Judge granted 18 days of custodial interrogation.
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Case Title: NIA v. David Coleman Headley
Hearing Date: September 8, 2025
Bench: Special Judge Chander Jit Singh
[Inputs: HT]