NEW DELHI: In what brings 26/11 terror assault accused Pakistani-origin Canadian businessman Tahawwur Rana nearer to extradition to India, a US court docket has denied the writ of habeas corpus filed by him. The denial has paved the best way for US Secretary of State Antony Blinken to concern a certification for him to be extradited to India the place he’s going through a trial for his alleged involvement within the 2008 Mumbai terror assaults.
“The court docket has denied Tahawwur Rana’s petition for writ of habeas corpus by a separate order,” learn orders by Decide Dale S Fischer, United States District Decide, Central District of California. Throughout the lately concluded monsoon session of the Indian parliament the House Minister Amit Shah had knowledgeable the Home that Tahawwur Rana would face the Indian judiciary quickly.
Rana has filed an enchantment in opposition to the order and sought a keep on his extradition to India until the time his enchantment within the Ninth Circuit Court docket is heard. He had filed “writ of habeas corpus” in June this yr difficult a court docket order that acceded to the request of the US authorities that the 2008 Mumbai terror assaults accused be extradited to India.
The particular public prosecutor of the 26/11 case Ujjwal Nikam stated that it was a terrific diplomatic success and a serious blow to terrorism. “With extradition virtually finalised, we now must resolve which court docket he might be tried, whether or not within the NIA court docket at Delhi or elsewhere, these questions might be determined by the investigating company,” Stated Nikam.
Decide Fischer in his rejection order stated that he did not discover any stable grounds as Rana has solely made two primary arguments within the writ. First, he claims that, pursuant to the treaty, he can’t be extradited as a result of India plans to prosecute him for a similar acts for which he was charged and acquitted in a United States court docket. Second, he argues that the federal government has not established that there’s possible trigger to consider that Rana dedicated the Indian offenses for which he’s anticipated to face trial, the choose stated.
“Provided that, even when (David) Headley’s testimony had been the whole foundation for the possible trigger discovering, it will be enough for the needs of habeas overview as a result of it constitutes some competent proof supporting the discovering. For the explanations acknowledged above, Rana’s petition for a writ of habeas corpus is DENIED,” the choose wrote.
Tahawwur Rana was arrested within the US on an extradition request by India for his function within the Mumbai assaults that killed 175 folks, together with six Individuals. Indian authorities allege that Rana conspired together with his childhood buddy David Coleman Headley to help the Pakistani terror group Lashkar-e-Taiba in orchestrating the phobia assaults. David Headley had pleaded responsible and testified in opposition to Rana.
Following Decide Fischer’s order, Patrick Blegen and John D Cline, Rana’s two attorneys filed an enchantment to america Court docket of Appeals for the Ninth Circuit from the Order entered on August 10, 2023, for denying his petition for writ of habeas corpus. In a separate enchantment, Blegen has filed a petition “for a keep of extradition pending his enchantment” to america Court docket of Appeals for the Ninth Circuit from the court docket’s order denying his petition for a writ of habeas corpus.
“As set forth within the accompanying memorandum, petitioner submits {that a} keep of extradition pending enchantment is suitable as a result of he has made a powerful exhibiting that he’s prone to succeed on the deserves of his non bis in idem declare; he’ll endure irreparable hurt if he’s extradited, doubtlessly together with the loss of life penalty; a keep pending enchantment is not going to considerably injure the federal government; and the general public curiosity favors a full overview of Rana’s non bis declare earlier than he’s despatched to a rustic that seeks to execute him,” Rana’s lawyer wrote on August 14.
In June, the Biden administration had urged the court docket to disclaim the writ of habeas corpus filed by Rana. “The USA respectfully requests that the court docket deny Rana’s petition for a writ of habeas corpus,” stated E Martin Estrada, US lawyer for Central District of California, in his petition filed earlier than the US District Court docket for the Central District of California.
