US Supreme Court docket justices will hear subsequent month Mumbai terror assault accused Tahawwur Rana’s renewed software, submitted to Chief Justice John Roberts, searching for a keep of his extradition to India.
Rana, 64, is at the moment lodged within the Metropolitan Detention Middle in Los Angeles and submitted an “Emergency Software For Keep Pending Litigation of Petition For Writ of Habeas Corpus” on February 27, 2025 with Elena Kagan, Affiliate Justice of the Supreme Court docket of the USA and Circuit Justice for the Ninth Circuit.
Earlier this month, Kagan had denied the appliance.
Rana had then renewed his “Emergency Software for Keep Pending Litigation of Petition for Writ of Habeas Corpus beforehand addressed to Justice Kagan,” and requested that the renewed software be directed to Chief Justice Roberts.
An order on the Supreme Court docket web site famous that Rana’s renewed software has been “distributed for Convention of 4/4/2025” and “software” has been “referred to the Court docket.”
New York-based eminent Indian-American lawyer Ravi Batra instructed PTI that Rana had made his software to the Supreme Court docket to stop extradition, which Justice Kagan denied on March 6.
The appliance is now earlier than Roberts, “who has shared it with the Court docket to convention in order to harness the complete Court docket’s view.”
Batra added that the problem earlier than the Supreme Court docket is that for the reason that President is constitutionally empowered to have interaction in international coverage within the comity of countries and “it’s our nationwide coverage to be towards terror – be it state-sponsored or Lone Wolf – is there any legislation or constitutional precept that the Court docket can justly depend on to disagree with, and block, President (Donald) Trump’s extradition determination.”
Batra added that he absolutely expects “that in calmer instances CJ Roberts would deny Rana the precise to remain in America and keep away from dealing with justice in India.”
“Throughout present instances, with so many district judges blocking President Trump’s home agenda modifications…the Supreme Court docket will take pleasure in denying Rana extra simply.”
“After President Trump and PM (Narendra) Modi met within the Oval, President Trump introduced within the press convention that Rana shall be extradited to India, to face his victims and his justice. The present posture is akin to a fish out of water, however shifting round so much to attempt to get again into American waters,” Batra mentioned.
Rana is searching for a keep of his extradition and give up to India pending litigation (together with exhaustion of all appeals) on the deserves of a petition he filed on February 13.
In that petition, Rana argued that his extradition to India violates United States legislation and the United Nations Conference Towards Torture “as a result of there are substantial grounds for believing that, if extradited to India, petitioner shall be in peril of being subjected to torture.”
“The chance of torture on this case is even greater although as petitioner faces acute threat as a Muslim of Pakistani origin charged within the Mumbai assaults,” the appliance mentioned.
The appliance additionally mentioned that his “extreme medical situations” render extradition to Indian detention services a “de facto” loss of life sentence on this case.
It cited medical information from July 2024 that verify Rana has a number of “acute and life-threatening diagnoses”, together with a number of documented coronary heart assaults, Parkinson’s illness with cognitive decline, a mass suggestive of bladder most cancers, stage three continual kidney illness, and a historical past of continual bronchial asthma, and a number of COVID-19 infections.
“Accordingly, petitioner actually has raised a reputable, if not compelling, factual case that there are certainly substantial grounds for believing he could be in peril of torture if surrendered to Indian authorities.
“Additional, due to his Muslim faith, his Pakistani origin, his standing as a former member of the Pakistani Military, the relation of the putative fees to the 2008 Mumbai assaults, and his continual well being situations he’s much more prone to be tortured than in any other case could be the case, and that torture could be very prone to kill him in brief order.”
The US Supreme Court docket denied Rana’s petition for a writ of certiorari regarding his unique habeas petition on January 21, 2025.
The appliance notes that on that very same day, newly-confirmed Secretary of State Marco Rubio had met with Exterior Affairs Minister Dr S Jaishankar.
When Prime Minister Modi arrived in Washington on February 12 to fulfill with Trump, Rana’s counsel obtained a letter from the Division of State, stating that “on February 11, 2025, the Secretary of State determined to authorize” Rana’s “give up to India,” pursuant to the “Extradition Treaty between the USA and India”.
Rana’s Counsel requested from the State Division the entire administrative file on which Secretary Rubio based mostly his determination to authorize Rana’s give up to India.
The Counsel additionally requested rapid info of any dedication the USA has obtained from India with respect to Rana’s therapy. “The federal government declined to supply any info in response to those requests,” the appliance mentioned.
It added that given Rana’s underlying well being situations and the State Division’s personal findings concerning therapy of prisoners, it is vitally doubtless “Rana won’t survive lengthy sufficient to be tried in India.
“The problems raised by petitioner advantage full and cautious consideration, and the stakes are monumental for him. The very least the US courts owe the petitioner is a full probability to litigate these points, together with exercising their appellate rights, earlier than he’s consigned to the destiny that awaits him by the hands of the Indian authorities,” the appliance mentioned.
It added that if a keep isn’t entered, there shall be no assessment in any respect, and the US courts will lose jurisdiction, and “petitioner will quickly be lifeless. Due to this fact, we respectfully request that this Court docket enter an Order staying the extradition and give up of petitioner pending a full and thought of listening to on petitioner’s claims by the district courtroom, circuit courtroom, and, if vital, a writ of certiorari to and additional proceedings earlier than this Court docket.”
US President Trump, throughout a joint press convention with Prime Minister Modi within the White Home final month introduced that Rana’s extradition to India has been authorized.
The Supreme Court docket justices are Affiliate Justice Clarence Thomas, Affiliate Justice Samuel A Alito, Jr, Affiliate Justice Sonia Sotomayor, Affiliate Justice Elena Kagan, Affiliate Justice Neil M Gorsuch, Affiliate Justice Brett M. Kavanaugh, Affiliate Justice Amy Coney Barrett, and Affiliate Justice Ketanji Brown Jackson.
