Washington: The US court has given a big blow to the major conspirator of the Mumbai terrorist attack Tahawwur Rana. After this, preparations have started to bring him to India. Let us tell you that a US court has given a verdict against Pakistani-origin Canadian businessman Tahawwur Rana, accused of involvement in the terrorist attacks in Mumbai. The court said that he can be extradited to India under the extradition treaty.
The US Court of Appeals for Ninth Circuit said in its decision on August 15, “The (India-US extradition) treaty allows Rana’s extradition.” Rana had filed a petition in the US Court of Appeals for Ninth Circuit against the order of the US District Court in California. The California court had rejected his habeas corpus petition. The habeas corpus petition challenged the magistrate judge’s order to extradite Rana to India for his alleged involvement in the Mumbai terror attacks. A panel of judges of the US Court of Appeals for the Ninth Circuit affirmed the district court’s decision.
The court held that Rana could be extradited
Under the limited scope of the habeas corpus review of the extradition order, the panel held that the charges against Rana fell under the terms of the extradition treaty between the US and India. The treaty includes a ‘non bis in idem’ (the principle of not punishing a person twice for the same crime) exception to extradition. This exception applies if “the person sought has been convicted or acquitted in the country for the crimes for which extradition is requested” from the country from which extradition is requested. The panel, considering the subject matter of the treaty, the technical analysis of the Ministry of External Affairs and similar cases in other circuit courts, held that the term “crime” refers to the allegations rather than the underlying acts and requires an analysis of the elements of each crime.
The three-judge bench delivered the verdict
The three-judge panel concluded that the agreement reached on the basis of the co-conspirator’s pleas does not force a different conclusion. The panel held that the ‘non bis in idem’ exception does not apply to this case, as the Indian charges involve different elements from those for which Rana was acquitted in the US. The panel also held in its decision that India had presented sufficient competent evidence to support the magistrate judge’s conclusion that Rana had committed the crimes he was accused of. The three judges on the panel included Milan D Smith, Bridget S Bed and Sydney A Fitzwater.
Tahavvur Rana has ties with Pakistan and Canada
Pakistani citizen Rana is also a Canadian businessman. He was tried in a US district court for allegedly providing support to a terrorist organisation that carried out the massive terrorist attacks in Mumbai. The jury convicted Rana of conspiring to provide support to a foreign terrorist organisation and assisting in a foiled plot to carry out terrorist attacks in Denmark. However, the jury acquitted Rana of conspiring to provide support to terrorist acts related to the attacks in India. Rana served seven years in prison for the charges he was convicted of and after his release, India requested his extradition to prosecute him for his involvement in the Mumbai attacks.
Rana had sought protection from extradition
Rana had argued before the magistrate judge who first ruled that he could be extradited that the US extradition treaty with India provides him protection from extradition due to the ‘non bis in idem’ provision. He had also argued that India had not provided sufficient evidence to prove that he had committed the crimes. After rejecting these arguments of Rana, the court had issued a certificate of extradition to him.
