In a significant development concerning the 2008 Mumbai terror attacks, a court in California has ruled that Pakistani-origin Canadian businessman Tahawwur Hussain Rana can be extradited to India under the Indo-US extradition treaty. Here’s a summary of the key points from the court’s decision:
- Court Ruling: The US Court of Appeals for the Ninth Circuit ruled that the extradition treaty between India and the United States allows for Rana’s extradition. This decision came in response to an appeal filed by Rana challenging his potential extradition.
- Previous Orders: Rana had previously contested a magistrate judge’s ruling that labeled him as “extraditable” to India. He remains in custody in Los Angeles, facing charges related to the Mumbai terror attacks.
- Connection to Terrorist Groups: Rana has known associations with Pakistani-American terrorist David Coleman Headley, a key conspirator in the Mumbai attacks, and is also alleged to have links with Pakistan’s Inter-Services Intelligence (ISI).
- Distinct Charges: The appellate panel, consisting of Judges Milan D. Smith, Bridget S. Bade, and Sidney A. Fitzwater, determined that the charges against Rana in India are distinct from those for which he was acquitted in the US.
- Evidence for Extradition: The court found that India had presented sufficient competent evidence to support the magistrate judge’s finding that Rana committed the crimes he is accused of.
- Previous Convictions: Rana was previously convicted in a US district court for providing material support to terrorism but was acquitted of charges related to the Mumbai attacks. He served seven years in prison before being released on compassionate grounds.
- Extradition Request: Following his release, India requested his extradition to face trial for his alleged involvement in the Mumbai attacks. Rana contended that India did not provide enough evidence for extradition.
- Court’s Decision: The court rejected Rana’s argument that the evidence was insufficient, affirming that the extradition request was valid.
- Extradition Treaty: Judge Milan D. Smith emphasized that the plain terms of the Indo-US extradition treaty and existing precedents support Rana’s extradition, as the crimes he is accused of in India have separate elements from his US convictions.
- Appeal Options: Rana retains the option to appeal this ruling. The decision marks a crucial step in the ongoing legal proceedings related to one of the most notorious terror attacks in recent history.
This ruling represents a significant move in the international legal and counter-terrorism effort, highlighting the complex nature of cross-border extradition cases involving terrorism.
Sources By Agencies
