26/11 Mumbai Terror Attack Accused Tahawwur Rana's Extradition To India Getting Closer As US Court Rejects His Habeas Corpus Plea

Ujjwal Shrotryia

Aug 18, 2023, 12:02 PM | Updated 11:56 AM IST

File photo of Tahawwur Rana.
File photo of Tahawwur Rana.
  • The US court's denial of the habeas corpus petition marks a significant step towards Tahawwur Rana's extradition to India.
  • A United States court has declined the writ of habeas corpus submitted by Pakistani-origin Canadian businessman Tahawwur Rana.

    This decision paves the way for US Secretary of State Antony Blinken to issue a certification for Rana's extradition to India, where he is set to face trial for his alleged involvement in the 2008 Mumbai terror attacks.

    Judge Dale S Fischer, United States District Judge for the Central District of California, stated in his 2 August order, "The court has denied Tahawwur Rana's petition for writ of habeas corpus by a separate order."

    However, Rana has lodged an appeal against the court's order and has requested a stay on his extradition to India until the Ninth Circuit Court hears his appeal.

    Tahawwur Rana is currently being held at the Metropolitan Detention Centre in Los Angeles.

    Rana had earlier filed a "writ of habeas corpus" in June, challenging a court's decision to accede to the US government's request for his extradition to India in connection with the 2008 Mumbai terror attacks.

    In his ruling, the judge highlighted Rana's two main arguments.

    First, Rana contended that according to the treaty, he cannot be extradited as India intends to prosecute him for the same actions for which he was charged and acquitted in a US court.

    Second, he argued that there is no probable cause to believe that he committed the offences for which India seeks his trial.

    The judge dismissed both of Rana's arguments.

    Following the court's decision, Rana's attorneys, Patrick Blegen and John D Cline, appealed to the United States Court of Appeals for the Ninth Circuit on 10 August.

    They also filed a separate petition for a "stay of extradition pending his appeal".

    Rana's extradition to India has been a subject of legal dispute and deliberation for some time.

    The Joe Biden administration previously urged the court to deny Rana's writ of habeas corpus.

    It is essential to note that the US court's denial of the habeas corpus petition marks a significant step towards Rana's extradition to India, although the legal process might still continue due to the ongoing appeal.

    Staff Writer at Swarajya. Writes on Indian Military and Defence.

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