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The Delhi Court, while granting the remand of Pakistani-Canadian businessman Tahawwur Rana to the National Investigation Agency (NIA), observed that the evidence presented indicates the alleged conspiracy extends beyond India's borders.
Multiple locations across various cities, including the national capital, were reportedly identified as potential targets. Emphasizing the gravity of the case, the court underscored the seriousness of the allegations, highlighting their direct implications for national security. The investigation aims to uncover the full extent of the plot and its broader ramifications. Court underscored the severity of the evidence, emphasizing that the allegations pose a direct threat to national security. Furthermore, the court stated that the necessity of confronting the accused with key witnesses, forensic evidence, and confiscated documents--particularly those related to reconnaissance visits conducted by him and his associates. This process reinforces the need for thorough interrogation, providing investigators ample time to construct a comprehensive case. Recognizing the gravity of the matter, the court authorized 18 days of police custody while mandating strict adherence to legal protocols, including medical examinations every 48 hours. Considering the accused's reported health concerns and sovereign assurances provided during extradition proceedings, the court also directed that he receive appropriate medical care in accordance with established guidelines. The allegations against Rana involve conspiring to commit terrorist acts across multiple cities. He has been extradited for charges including conspiracy to wage war (Section 120-B read with Section 121 IPC), conspiracy to commit murder (Section 120-B read with Section 302 IPC), conspiracy to commit forgery for the purpose of cheating (Section 120-B read with Section 468 IPC), conspiracy to use a forged document as genuine (Section 120-B read with Section 471 IPC), and conspiracy to commit a terrorist act (Section 120-B read with Section 16 UAPA). Additional charges include the commission of a terrorist act (Section 16 UAPA), waging war (Section 121 IPC), murder (Section 302 IPC), and conspiracy to wage war (Section 121A IPC). Legal precedent establishes that once an accused has been extradited under a mutual treaty, he can be prosecuted for the specific offenses for which extradition was granted. Accordingly, the application for police custody remand must be assessed within the scope of these charges. Moreover, as the charges include offenses punishable under Sections 16 and 18 of the UAPA, the court noted that the modified provisions outlined in Section 43-D of the UAPA apply. While the erstwhile CrPC limited police custody to a maximum of 15 days post-arrest, the UAPA allows for an extended police custody period of up to 30 days when terrorism-related charges are involved. (ANI)
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