Mumbai terror attack: Extradition Path Opens for the Suspect Tahawwur Rana

WASHINGTON: In a significant development, a US court has rejected the writ of habeas corpus filed by Tahawwur Rana, a Pakistani-origin Canadian businessman. This decision potentially paves the way for his extradition to India, where he is wanted for his alleged involvement in the 2008 Mumbai terror attacks. The ruling was issued on August 2 by Judge Dale S Fischer of the United States District Court, Central District of California.

Rana, however, is not giving up without a fight. Following the court's decision, he has lodged an appeal seeking a stay on his extradition until his case can be heard by the Ninth Circuit Court. His appeal is based on the argument that he shouldn't be extradited to India while his appeal is pending.

In June of this year, Rana had filed a "writ of habeas corpus" in response to a court order that favored the US government's request for his extradition to India. The judge overseeing the case rejected Rana's arguments. His first claim, based on the treaty, stated that he couldn't be extradited to India as he had already been charged and acquitted for the same acts in a US court. The second claim centered around the government's failure to establish probable cause for his alleged Indian offenses.

The judge countered both arguments, noting that even if David Headley's testimony was the primary basis for probable cause, it still held weight in habeas review. With this, Rana's petition for a writ of habeas corpus was denied.

“Given that, even if (David) Headley’s testimony were the entire basis for the probable cause finding, it would be sufficient for the purposes of habeas review because it constitutes some competent evidence supporting the finding. For the reasons stated above, Rana’s petition for a writ of habeas corpus is DENIED,” the judge wrote.

In response, Rana's legal team swiftly filed an appeal to the Ninth Circuit Court, challenging the August 10 order. Simultaneously, they submitted a separate appeal requesting a stay of extradition pending the outcome of the appeal process. Their argument emphasized Rana's likelihood of success on the non bis in idem claim and the potential irreparable harm, including the death penalty, he might face if extradited.

It's important to note that the Joe Biden administration had earlier urged the court to reject Rana's writ of habeas corpus. This stance was reiterated by the US attorney for the Central District of California, E Martin Estrada.

Tahawwur Rana's extradition is related to his alleged involvement in the 2008 Mumbai terror attacks, where Lashkar-e-Taiba terrorists orchestrated a more than 60-hour siege that claimed the lives of 166 people, including six Americans. Indian authorities accuse Rana of collaborating with his childhood friend David Coleman Headley in assisting the terror group in planning the attacks.

The extradition process reflects collaborative efforts between the US and India to bring alleged terrorists to justice. Rana's arrest in the US came in response to an extradition request by India. Despite the denial of his habeas corpus petition, Rana continues to challenge his extradition, and the legal proceedings continue to unfold.

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