Tahawwur Rana, 26/11 Mumbai Attacks Accused, Set for Extradition to India: Key Points to Know
17.08.2024: In a significant legal development, a U.S. court has ruled that Pakistani-origin Canadian businessman Tahawwur Hussain Rana, accused of involvement in the 2008 Mumbai terror attacks, can be extradited to India under the Indo-US extradition treaty. Here’s a concise breakdown of the case:
1. US Court Approves Extradition
The U.S. Court of Appeals for the Ninth Circuit ruled that the Indo-US extradition treaty allows for Rana’s extradition to India. This decision comes after Rana, 63, appealed against his extradition.
2. Previous Acquittal Challenged
Rana had previously challenged a magistrate judge’s order that declared him “extraditable” to India for his alleged role in the 26/11 Mumbai terror attacks, which resulted in the deaths of over 160 people.
3. Connections with David Headley and ISI
Rana is known for his association with Pakistani-American Lashkar-e-Taiba (LeT) terrorist David Coleman Headley, a key conspirator of the Mumbai attacks. He is also accused of having links with Pakistan’s Inter-Services Intelligence (ISI).
4. Distinct Charges in India
A panel of three judges concluded that the charges brought against Rana by India have distinct elements separate from the crimes for which he was acquitted in the U.S.
5. Sufficient Evidence Provided by India
The panel, consisting of Judges Milan D. Smith, Bridget S. Bade, and Sidney A. Fitzwater, found that India provided enough competent evidence to support the magistrate judge’s finding of probable cause that Rana committed the alleged crimes.
6. Rana’s US Conviction
Rana was previously tried in a U.S. district court for supporting the terror group responsible for the Mumbai attacks. He was convicted of providing material support to a foreign terrorist organization and conspiring to support a foiled terror plot in Denmark.
7. Acquittal of Indian Terrorism-Related Charges
Although Rana was convicted for other charges, the jury acquitted him of conspiring to provide material support for the attacks in India. After serving seven years in prison, he was granted compassionate release, and India subsequently requested his extradition.
8. Defense Arguments Rejected
Rana argued that India did not present sufficient evidence to establish probable cause for the charged crimes. However, the extradition court rejected these claims and certified that Rana could be extradited.
9. Judge’s Interpretation of the Treaty
Judge Milan D. Smith emphasized that the plain terms of the Indo-US extradition treaty, along with the post-ratification understanding of the signatories and persuasive precedent, support the U.S. government’s interpretation that Rana can be extradited.
10. Potential Appeal
Rana still has the option to appeal against this ruling, but as of now, the legal path for his extradition to India has been cleared.
This ruling marks a crucial step in India’s efforts to bring those responsible for the 26/11 Mumbai attacks to justice. As the legal process unfolds, Rana’s potential extradition will be closely monitored by both Indian and international observers.