US Urges Court To Certify India’s Request To Extradite 26/11 Accused Tahawwur Rana

Washington:

The Biden administration has urged a federal court docket to certify India’s request to extradite Pakistani-origin Canadian businessman Tahawwur Rana, who’s searched for his involvement within the 2008 Mumbai terror assault.

Assistant US Lawyer John J Lulejian, in his submission earlier than a federal US court docket in Los Angeles, stated Rana, 59, meets all the standards to be extradited to India for his trial within the Mumbai terrorist assault. On February 4, Rana’s legal professional had opposed his extradition.

US District Court docket Decide in Los Angeles Jacqueline Chooljian has scheduled the extradition listening to for April 22.

“America respectfully requests that following the April 22, 2021, extradition listening to, the Court docket certify India’s request for Rana’s extradition for the Secretary of State’s give up determination,” Mr Lulejian stated in his 61-page court docket submission on Monday.

Rana, a childhood buddy of David Coleman Headley, was re-arrested on June 10 in Los Angeles on an extradition request by India for his involvement within the Mumbai terror assault wherein 166 folks, together with six People, had been killed. He has been declared a fugitive by India.

“Fugitive Tahawwur Hussain Rana is needed in India to face trial for offences associated to his function within the 2008 terrorist assaults in Mumbai, India, that resulted within the loss of life of 166 folks, the harm of 239 folks, and the injury to property in extra of USD 1.5 billion,” Mr Lulejian stated.

As per the India-US Extradition Treaty, the Indian authorities has requested the formal extradition of Rana, and the USA has initiated this extradition continuing.

Mr Lulejian stated the standards warranting certification of extradition are happy on this case.

These are: the court docket has each private and material jurisdiction, there may be an extradition treaty between the USA and India that’s in full drive and impact, and the crimes for which Rana”s extradition is sought are coated by the phrases of the treaty.

India’s extradition request incorporates proof to ascertain possible trigger that the person showing in court docket is the fugitive who dedicated the offence for which extradition is requested, Mr Lulejian argued.

In his court docket submission on February 4, Rana’s legal professional had argued that Rana’s extradition is barred below Article 6 of the United States-India extradition treaty as a result of he had beforehand been acquitted of the offences for which his extradition is sought, and below Article 9 of the treaty as a result of the federal government has not established possible trigger to consider that Rana dedicated the alleged offences.

Mr Lulejian stated that the court docket ought to discover that Rana’s extradition will not be barred below Article 6 of the India-US Extradition Treaty. Though there may be ample proof that Rana aided and abetted the Mumbai assault, he claims that he shouldn’t be extradited as a result of possible trigger is missing. Rana’s declare is predicated on an improper try to assault the credibility of a key witness towards him.

Rana additionally doesn’t contest that he’s the one who India alleges dedicated the charged crimes. As an alternative, he challenges solely whether or not Article 6 of the treaty bars his extradition and whether or not possible trigger exists to consider that he dedicated the offences for which India requests his extradition, the Assistant US Lawyer stated.

Mr Lulejian stated Headley’s plea settlement is irrelevant as a result of Rana can not profit from its phrases. Not solely is Rana in a distinct place than Headley as a result of he didn’t plead responsible or cooperate with the USA, as is his proper, however his incapability to profit from the negotiated phrases of Headley’s plea settlement is confirmed by the textual content of the plea settlement itself.

He stated Rana’s extradition proceedings are separate from Headley’s felony proceedings and are being litigated by a distinct United States legal professional’s workplace from the one who negotiated the plea settlement with Headley.

In response to its very phrases, Rana has no rights below Headley’s plea settlement and is due to this fact prohibited from counting on it in an try to undermine the USA” place on his extraditability below the treaty, he added.

“Rana has did not display that he can’t be extradited to India on account of his prior prosecution in the USA,” the legal professional stated.

Rana makes an attempt to undermine India’s proof of possible trigger by questioning the credibility of the important thing witness, David Headley. Not solely is Rana’s problem improper on this extradition continuing, however his claims are additionally not supported by the legislation or the proof, Mr Lulejian stated.

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