The California-based US federal appeals court has ruled that 26/11 attacks accused Tahawwur Hussain has been acquitted. Rana He can be extradited to India under the extradition treaty between the two countries.
“The (India-US Extradition) Treaty allows the extradition of Rana,” the court said in its verdict.
a panel of judges US Court of Appeals The Ninth Circuit upheld the decision of the Central District of California to deny the habeas corpus petition of 63-year-old Rana. The court decided that Rana’s alleged crime fell within the terms of the treaty, including the non bis in idem (double jeopardy) exception. The extradition of the Pakistani-born Canadian businessman was sought by India for his involvement in the 2008 Mumbai terrorist attacks.
Apart from charges of involvement in the 26/11 attacks, Rana, who is currently in a Los Angeles jail, also faces charges for his links with the. David Coleman HeadleyA Pakistani-American member of a terrorist organisation Lashkar-e-Taiba (LeT) is one of the main perpetrators of the attacks.
Affirming the Extradition Court’s decision, the panel clarified that the treaty allows Rana’s extradition, with the non bis in idem exception to extradition applying when “the person sought has been convicted or acquitted in the Requested State of the offence for which extradition is requested.” The Court analysed that the term “crime” in the treaty refers to the offence charged, not the acts involved, which requires examining the elements of each offence.
“The three-judge panel concluded that the co-conspirator’s plea agreement did not compel a different outcome. The panel held that the non bis in idem exception did not apply because the Indian charges involved different elements from the crimes for which Rana was acquitted in the United States,” the court said, according to news agency PTI.
The panel also underlined that India had presented sufficient competent evidence to support the magistrate judge’s conclusion that Rana had committed the crimes charged. The three judges who delivered the verdict were Milan D. Smith, Bridget S. Bedd and Sydney A. Fitzwater.
Earlier, Rana was tried in a US district court for providing support to a terrorist organisation involved in the Mumbai attacks. Although he was convicted of supporting a foreign terrorist organisation and a foiled plot in Denmark, he was acquitted of specific charges related to supporting terrorism in India. Following his compassionate release after seven years in prison, India requested his extradition.
Rana’s defence had argued that the US-India Extradition Treaty protected him from extradition due to the non bis in idem provision and claimed that India did not provide sufficient evidence to show probable cause of his involvement in the crimes. However, both the extradition court and the subsequent habeas corpus court rejected his arguments and certified his extradition eligibility.
In his appeal, Rana argued that he could not be extradited for the same conduct for which he had previously been acquitted, arguing that “crime” should refer to the underlying acts rather than the crimes charged. In contrast, the US government argued that the term “crime” refers to the crime charged and asserted that the treaty allows Rana’s extradition because the Indian charges involve different elements from the charges he faces in the United States.
Judge Smith stated, “The clear terms of the treaty, the post-ratification understanding of the signatories, and persuasive precedent all support the government’s interpretation.” Rana also argued that the US government’s interpretation of the treaty should be consistent with Headley’s plea agreement, but the Court declined to take this approach.
Judge Smith concluded, “Because both parties do not dispute that the crimes charged in India contain elements that are independent of the crimes for which Rana is prosecuted in the United States, the Treaty permits Rana’s extradition.”
Rana has the option to appeal the decision and still has legal avenues available to challenge his extradition to India.
The 2008 Mumbai terrorist attacks, which lasted for over 60 hours, involved ten Pakistani terrorists who targeted several famous places in Mumbai, including the Taj Hotel, resulting in the deaths of 166 people, including six Americans.
“The (India-US Extradition) Treaty allows the extradition of Rana,” the court said in its verdict.
a panel of judges US Court of Appeals The Ninth Circuit upheld the decision of the Central District of California to deny the habeas corpus petition of 63-year-old Rana. The court decided that Rana’s alleged crime fell within the terms of the treaty, including the non bis in idem (double jeopardy) exception. The extradition of the Pakistani-born Canadian businessman was sought by India for his involvement in the 2008 Mumbai terrorist attacks.
Apart from charges of involvement in the 26/11 attacks, Rana, who is currently in a Los Angeles jail, also faces charges for his links with the. David Coleman HeadleyA Pakistani-American member of a terrorist organisation Lashkar-e-Taiba (LeT) is one of the main perpetrators of the attacks.
Affirming the Extradition Court’s decision, the panel clarified that the treaty allows Rana’s extradition, with the non bis in idem exception to extradition applying when “the person sought has been convicted or acquitted in the Requested State of the offence for which extradition is requested.” The Court analysed that the term “crime” in the treaty refers to the offence charged, not the acts involved, which requires examining the elements of each offence.
“The three-judge panel concluded that the co-conspirator’s plea agreement did not compel a different outcome. The panel held that the non bis in idem exception did not apply because the Indian charges involved different elements from the crimes for which Rana was acquitted in the United States,” the court said, according to news agency PTI.
The panel also underlined that India had presented sufficient competent evidence to support the magistrate judge’s conclusion that Rana had committed the crimes charged. The three judges who delivered the verdict were Milan D. Smith, Bridget S. Bedd and Sydney A. Fitzwater.
Earlier, Rana was tried in a US district court for providing support to a terrorist organisation involved in the Mumbai attacks. Although he was convicted of supporting a foreign terrorist organisation and a foiled plot in Denmark, he was acquitted of specific charges related to supporting terrorism in India. Following his compassionate release after seven years in prison, India requested his extradition.
Rana’s defence had argued that the US-India Extradition Treaty protected him from extradition due to the non bis in idem provision and claimed that India did not provide sufficient evidence to show probable cause of his involvement in the crimes. However, both the extradition court and the subsequent habeas corpus court rejected his arguments and certified his extradition eligibility.
In his appeal, Rana argued that he could not be extradited for the same conduct for which he had previously been acquitted, arguing that “crime” should refer to the underlying acts rather than the crimes charged. In contrast, the US government argued that the term “crime” refers to the crime charged and asserted that the treaty allows Rana’s extradition because the Indian charges involve different elements from the charges he faces in the United States.
Judge Smith stated, “The clear terms of the treaty, the post-ratification understanding of the signatories, and persuasive precedent all support the government’s interpretation.” Rana also argued that the US government’s interpretation of the treaty should be consistent with Headley’s plea agreement, but the Court declined to take this approach.
Judge Smith concluded, “Because both parties do not dispute that the crimes charged in India contain elements that are independent of the crimes for which Rana is prosecuted in the United States, the Treaty permits Rana’s extradition.”
Rana has the option to appeal the decision and still has legal avenues available to challenge his extradition to India.
The 2008 Mumbai terrorist attacks, which lasted for over 60 hours, involved ten Pakistani terrorists who targeted several famous places in Mumbai, including the Taj Hotel, resulting in the deaths of 166 people, including six Americans.
