US court (file photo)
Washington: The US court has given a big blow to Tahawwur Rana, the main conspirator of the Mumbai terrorist attack. After this, preparations have started to bring him to India. Let us tell you that a US court has given a verdict against Tahawwur Rana, a Canadian businessman of Pakistani origin, accused of involvement in the terrorist attacks in Mumbai. The court said that he can be extradited to India under the extradition treaty.
The US Court of Appeals for the Ninth Circuit said in its decision on August 15, “The (India-US extradition) treaty allows Rana’s extradition.” Rana had filed a petition in the US Court of Appeals for the Ninth Circuit against the order of the US District Court in California. The California court had rejected his habeas corpus petition. The habeas corpus petition challenged the magistrate judge’s order to extradite Rana to India for his alleged involvement in the terrorist attacks in Mumbai. A panel of judges of the US Court of Appeals for the Ninth Circuit confirmed the decision of the District Court.
The court accepted that Rana can be extradited
Under the limited scope of habeas corpus review of the extradition order, the panel held that the charges against Rana fell within the terms of the extradition treaty between the United States and India. The treaty includes a non bis in idem exception to extradition. This exception applies if “the person sought has been convicted or acquitted in the country from which extradition is requested of the crimes for which extradition is requested.” The panel considered the treaty’s subject matter, the State Department’s technical analysis, and similar cases in other circuit courts and held that the term “crime” referred to allegations rather than underlying acts and required an analysis of the elements of each crime.
A bench of three judges delivered the verdict
The three-judge panel concluded that the agreement reached based on the co-conspirator’s plea deal did not compel it to reach a different conclusion. The panel held that the ‘non bis in idem’ exception did not apply to the case, as the Indian charges involved elements different from those for which Rana was acquitted in the US. The panel also held in its decision that India had presented sufficient competent evidence to support the magistrate judge’s conclusion that Rana had committed the crimes he was accused of. The three judges on the panel included Milan D. Smith, Bridget S. Bade and Sidney A. Fitzwater.
Tahawwur Rana has relations with Pakistan and Canada
Rana, a Pakistani citizen and a Canadian businessman, was tried in a US district court for allegedly providing support to a terrorist organisation that carried out the massive terrorist attacks in Mumbai. The jury convicted Rana of conspiring to provide support to a foreign terrorist organisation and aiding in a foiled plot to carry out terrorist attacks in Denmark. However, the jury acquitted Rana of conspiring to provide support to terrorist acts related to the attacks in India. Rana served seven years in prison for the charges he was convicted of and after his release, India requested his extradition to prosecute him for his involvement in the Mumbai attacks.
Rana had sought protection from extradition
Rana had argued before the magistrate judge who first ruled that he could be extradited that the US extradition treaty with India provides him protection from extradition due to the ‘non bis in idem’ provision. He also argued that India did not provide enough evidence to prove that he had committed the crimes. After rejecting these arguments of Rana, the court issued a certificate that he could be extradited. (Language)
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