Ruling comes more than a month before Modi leaves for US
Posted Date – 07:20 AM, Fri – 19 May 23
New York: In a major legal victory for India, a US court has approved the extradition of Pakistani-Canadian businessman Tahawwur Rana to India for his involvement in the horrific 2008 Mumbai terror attack.
The ruling came more than a month before Prime Minister Narendra Modi traveled to the US for his first state visit at the invitation of President Joe Biden. He will host a state dinner at the White House on June 22, hosted by President Biden and first lady Jill Biden.
In a 48-page order dated May 16 and released Wednesday, U.S. District Judge Jacqueline Chooljian of the Central District of California said that under the extradition treaty between the two countries, Rana, 62, “should be extradited to India” and the United States.
“The Court reviewed and considered all documents filed in support of and against this motion, and considered the arguments presented at the hearing. Based on this review and consideration, and for the reasons discussed herein, the Court makes the following findings, and certify to the Secretary of State of the United States that Rana is extraditable for the alleged offenses for which the request was made,” the court order said.
Rana, who is currently being held at the federal prison in downtown Los Angeles, can appeal to the circuit court, which may uphold the district court’s order.
Under U.S. law, the Secretary of State is the authority to decide whether to surrender fugitives. The order states that the court cannot justify Rana’s extradition unless there are probable grounds to believe that he has committed the offense for which extradition is sought.
The order cites its reasoning at length: “The court therefore considers that there are probable grounds to believe that Rana has committed the alleged offense for which his extradition is sought and should be extradited to India pursuant to the extradition treaty between the United States and India”
India filed a complaint on 10 June 2020 seeking the provisional arrest of Rana for extradition purposes. The Biden administration supported and approved Rana’s extradition to India. In response to a question, a State Department spokesperson told PTI, “We recommend that you refer to the Department of Justice for specifics regarding this case.” India’s counter-terrorism ties. We continue to call for those involved in the 2008 Mumbai attack to be brought to justice,” the spokesman said.
Commenting on Rana’s extradition order, prominent Indian-American lawyer Ravi Batra said US Secretary of State Antony Blinken would have to approve the extradition of the Pakistani-Canadian businessman to India , as Washington “stands in solidarity” with every nation suffering from foreign terrorism. He said the order was “transparent to our legal agreement – given our bilateral extradition treaty – which is required to pass constitutional review in our lofty US federal courts.”
Batra noted that the decision is now legally by the courts to the executive branch of Secretary of State Blinken, who will “feel compelled to grant the extradition request because 9/11 was worse than Pearl Harbor and we in the United States joined forces with every Standing shoulder to shoulder with countries attacked by foreign terror.”
He noted that Lanner has received significant judicial consideration in the nearly two years since the hearing and still has a right to appeal directly to the circuit court. Batra said he fully expects the circuit court to confirm the certification and extradition order. “Any further request to be heard by our Supreme Court, which I expect will be rejected, unless a legal principle is established in the process that makes the Supreme Court of the United States (SCOTUS) worthy of hearing and determines Rana’s transfer to India, he will be extradited to India and accept more due process under the Indian constitution,” Batra said.
At the court hearing, U.S. government lawyers argued that Rana knew his childhood friend, Pakistani-American David Coleman Headley, was involved with the Lashkarta (LeT) by assisting Headley and serving him. provided cover for his activities, he was supporting terrorist organizations and their associates.
Rana knew of the meeting at Headley, what was discussed, and the plan for the attack, including some of the targets. The U.S. government asserts that Rana was part of a conspiracy and that he may have committed substantive crimes to commit terrorist acts. Rana’s lawyers, on the other hand, opposed extradition.
As many as 166 people were killed in the attack by the LeT terrorists, including 6 Americans. Because the members of the conspirators committed the acts leading to death, committed the acts with intent to cause death, or at least committed them with knowledge of their imminent danger, there was sufficient evidence to show that the elements of murder would be met, federal prosecutors said.
India has issued an arrest warrant and charged Rana with the crimes the United States is prosecuting, the judge said. These include conspiracy to wage war, murder, falsification of documents for deceitful purposes, use of forged documents or electronic records as genuine documents, committing acts of terror, waging war, murder, committing acts of terror and conspiracy to commit acts of terror.
