A US court has ruled that Tahawwur Hussain Rana, wanted for his alleged involvement in the 2008 Mumbai terror attacks, can be extradited to India. This decision comes as a significant blow to Rana, who has been fighting extradition for years.
The US Court of Appeals for the Ninth Circuit upheld a previous ruling by the Central District of California, rejecting Rana’s habeas corpus petition. This petition challenged a magistrate judge’s certification that Rana was extraditable to India for his alleged involvement in the 2008 Mumbai terror attacks.
Rana is currently incarcerated in a Los Angeles jail and faces charges related to the Mumbai attacks. He is linked to Pakistani-American Lashkar-e-Taiba (LeT) terrorist David Coleman Headley, who was a key conspirator in the attacks.
The court based its decision on the India-US extradition treaty, specifically the Non Bis in Idem (double jeopardy) exception. The panel of judges determined that Rana’s alleged offense fell within the treaty’s provisions and that the double jeopardy exception did not apply because the charges against Rana in India have different elements compared to the crimes for which he was acquitted in the United States.
The court also affirmed that India presented sufficient evidence to establish probable cause that Rana was involved in the charged crimes. The panel, consisting of Judges Milan D. Smith, Bridget S. Bade, and Sidney A. Fitzwater, concluded that the treaty allows for Rana’s extradition despite his previous acquittal in the US.
Rana, a Pakistani national, was previously tried in a US district court for providing material support to a foreign terrorist organization and conspiring to support a thwarted terrorist plot in Denmark. The jury found him guilty on those charges, but acquitted him of conspiring to provide material support to terrorism related to the Mumbai attacks.
After serving seven years in prison and being released on compassionate grounds, India requested his extradition to face charges related to his alleged role in the Mumbai attacks.
Rana argued that the extradition treaty protected him from extradition due to the Non Bis in Idem provision and that India did not provide sufficient evidence to demonstrate probable cause. However, the court rejected these arguments and certified that he was extraditable.
In his appeal, Rana contended that he could not be extradited based on conduct for which he was acquitted in the United States. The US government countered that the treaty’s reference to “offence” refers to a charged crime and requires an analysis of the elements of each charged crime.
The court agreed with the government’s interpretation, finding that the treaty allows for Rana’s extradition because the charges in India have distinct elements from the crimes for which he was acquitted in the United States.
The 2008 Mumbai terror attacks resulted in the deaths of 166 people, including six Americans. Ten Pakistani terrorists carried out the attacks, targeting iconic locations across Mumbai over a period of more than 60 hours.
Rana still has legal options to prevent his extradition to India, but this court ruling represents a significant step forward in the pursuit of justice for the victims of the Mumbai attacks.
