Tehwwur Rana can be hung, there is no impediment to the judiciary to resolve the death penalty

India’s judiciary can punish Tawwur Hussain Rana, the most important accused in the 2008 terror attacks in Mumbai, for his horrific crimes. Rana will be prosecuted for serious allegations such as war, murder and terrorism against the country in India. For this he can also be sentenced to death, as both India and America did not exclude the possibility of death sentence during the extradition process. Criminals are hung in different ways in India and America. In such a situation, the provisions of extradition treaty also do not become an obstacle. However, the condition of not receiving the death penalty during the extradition process can be imposed, but in the case of Rana, the US has not imposed such a condition. When Abu Salem was exposed in 2005, India Portugal guaranteed that he would not receive the death penalty. The death penalty was not rejected. According to legal experts, the Government of India has assured the US that Rana will gain full security during India oversight. He will not be tortured and by law the court will decide the penalty on the basis of testimony and witnesses. The possibility of death penalty during this period cannot be excluded. Under which sections are a case registered? The National Investigation Agency (NIA) has registered a case against Rana under the Indian Criminal Act (IPC) that also has a determination of death penalty, so that the country’s judiciary can certainly give him death. It should be remembered that a case against Rana is registered under Articles 120B, 121, 121A, 302, 468, 471 from IPC. In addition, a case is also registered against Articles 18 and 20 and terrorist activities of the Law-Uapa of the illegal activities (prevention). In this case, senior advocates Rakesh Dwivedi, Supreme Court Advocates Gyanant Singh and Abhishek Rai say that extradition is an judicial process, while exile is a diplomatic process. If Rana was extradited, the laws established in the country would be taken into account to give death penalty, but in the case of Rana, brought by the judicial extradition process, it is compulsory to follow every aspect associated with the death penalty. There is a determination of death penalty in both countries. The extradition law clearly shows that there must be a treaty between the two countries, but if one country stops the death penalty or any other punishment, the other country cannot implement it to the elaborate accused. This is not the case in Rana’s case, as there is a determination of death penalty in America and India. The second aspect applies to the condition that he does not produce the death penalty during extradition, but according to the media, no such insurance has so far been sought from the US and no such assurance of India.