A US federal appeals court in California has ruled that 26/11 attacks accused Tahawwur Hussain Rana is extraditable to India under the extradition treaty between the two nations.
“The (India US Extradition) Treaty permits Rana’s extradition,” said the court while giving the ruling.
A panel of judges from the US Court of Appeals for the Ninth Circuit upheld the Central District of California’s decision to deny 63-year-old Rana’s habeas corpus petition.The court decided that Rana’s alleged offense falls within the terms of the treaty, which contains a Non Bis in Idem (double jeopardy) exception. The extradition of the Canadian businessman of Pakistani origin was sought by India for his involvement in the 2008 Mumbai terror attacks.
In addition to the 26/11 attacks involvement accusations, Rana, who is currently in a Los Angeles jail, also faces chargesf for his association with David Coleman Headley, a Pakistani-American member of the terrorist organization Lashkar-e-Taiba (LeT), one of the central figures in orchestrating the attacks.
In affirming the extradition court’s decision, the panel clarified that the Treaty permits Rana’s extradition, with the Non Bis in Idem exception to extraditability applying when “the person sought has been convicted or acquitted in the Requested State for the offence for which extradition is requested.” The court analyzed that the word “offense” in the treaty refers to a charged crime rather than the acts involved, necessitating an examination of each crime’s elements.
“The panel of three judges concluded that a co-conspirator’s plea agreement did not compel a different result. The panel held that the Non Bis in Idem exception did not apply because the Indian charges contained distinct elements from the crimes for which Rana was acquitted in the United States,” the court said, quoted by news agency PTI.
The panel also highlighted that India provided sufficient competent evidence to support the magistrate judge’s finding of probable cause that Rana committed the charged crimes. The three judges who made the ruling were Milan D Smith, Bridget S Bade, and Sidney A Fitzwater.
Previously, Rana was tried in a US district court for providing support to a terrorist organization involved in the Mumbai attacks. Though he was convicted of supporting a foreign terrorist organization and a foiled plot in Denmark, he was acquitted of charges specifically related to supporting terrorism in India. Following his compassionate release after seven years in prison, India requested his extradition.
Rana’s defense had argued that the US-India extradition treaty protected him from extradition due to the Non Bis in Idem provision and claimed that India did not provide enough evidence to show probable cause of his involvement in the crimes. However, both the extradition court and the subsequent habeas court rejected his arguments and certified his extraditability.
In his appeal, Rana contended that he could not be extradited for the same conduct for which he was previously acquitted, arguing that “offense” should refer to the underlying acts rather than charged crimes. Conversely, the US government contended the term “offense” refers to a charged crime and stressed that the treaty permits Rana’s extradition as the Indian charges contain distinct elements from the charges he faced in the United States.
Judge Smith stated, “the Treaty’s plain terms, the post-ratification understanding of the signatories, and persuasive precedent all support the government’s interpretation.” Rana also argued that the US government’s interpretation of the Treaty should be consistent with that in Headley’s plea agreement, but the court declined to adopt this view.
“Because the parties do not dispute that the crimes charged in India have elements independent from those under which Rana was prosecuted in the United States, the Treaty permits Rana’s extradition,” Judge Smith concluded.
Rana retains the option to appeal the ruling and still has legal avenues available to contest his extradition to India.
The 2008 Mumbai terror attacks, which spanned more than 60 hours, involved ten Pakistani terrorists who targeted several renowned locations in Mumbai including the Taj Hotel, resulting in 166 deaths, including six Americans.
“The (India US Extradition) Treaty permits Rana’s extradition,” said the court while giving the ruling.
A panel of judges from the US Court of Appeals for the Ninth Circuit upheld the Central District of California’s decision to deny 63-year-old Rana’s habeas corpus petition.The court decided that Rana’s alleged offense falls within the terms of the treaty, which contains a Non Bis in Idem (double jeopardy) exception. The extradition of the Canadian businessman of Pakistani origin was sought by India for his involvement in the 2008 Mumbai terror attacks.
In addition to the 26/11 attacks involvement accusations, Rana, who is currently in a Los Angeles jail, also faces chargesf for his association with David Coleman Headley, a Pakistani-American member of the terrorist organization Lashkar-e-Taiba (LeT), one of the central figures in orchestrating the attacks.
In affirming the extradition court’s decision, the panel clarified that the Treaty permits Rana’s extradition, with the Non Bis in Idem exception to extraditability applying when “the person sought has been convicted or acquitted in the Requested State for the offence for which extradition is requested.” The court analyzed that the word “offense” in the treaty refers to a charged crime rather than the acts involved, necessitating an examination of each crime’s elements.
“The panel of three judges concluded that a co-conspirator’s plea agreement did not compel a different result. The panel held that the Non Bis in Idem exception did not apply because the Indian charges contained distinct elements from the crimes for which Rana was acquitted in the United States,” the court said, quoted by news agency PTI.
The panel also highlighted that India provided sufficient competent evidence to support the magistrate judge’s finding of probable cause that Rana committed the charged crimes. The three judges who made the ruling were Milan D Smith, Bridget S Bade, and Sidney A Fitzwater.
Previously, Rana was tried in a US district court for providing support to a terrorist organization involved in the Mumbai attacks. Though he was convicted of supporting a foreign terrorist organization and a foiled plot in Denmark, he was acquitted of charges specifically related to supporting terrorism in India. Following his compassionate release after seven years in prison, India requested his extradition.
Rana’s defense had argued that the US-India extradition treaty protected him from extradition due to the Non Bis in Idem provision and claimed that India did not provide enough evidence to show probable cause of his involvement in the crimes. However, both the extradition court and the subsequent habeas court rejected his arguments and certified his extraditability.
In his appeal, Rana contended that he could not be extradited for the same conduct for which he was previously acquitted, arguing that “offense” should refer to the underlying acts rather than charged crimes. Conversely, the US government contended the term “offense” refers to a charged crime and stressed that the treaty permits Rana’s extradition as the Indian charges contain distinct elements from the charges he faced in the United States.
Judge Smith stated, “the Treaty’s plain terms, the post-ratification understanding of the signatories, and persuasive precedent all support the government’s interpretation.” Rana also argued that the US government’s interpretation of the Treaty should be consistent with that in Headley’s plea agreement, but the court declined to adopt this view.
“Because the parties do not dispute that the crimes charged in India have elements independent from those under which Rana was prosecuted in the United States, the Treaty permits Rana’s extradition,” Judge Smith concluded.
Rana retains the option to appeal the ruling and still has legal avenues available to contest his extradition to India.
The 2008 Mumbai terror attacks, which spanned more than 60 hours, involved ten Pakistani terrorists who targeted several renowned locations in Mumbai including the Taj Hotel, resulting in 166 deaths, including six Americans.