26/11 Accused Tahawwur Rana “extraditionable to India”: US court | India News

A US federal appeals court in California has ruled that defendant Tahawwur Hussain was guilty of a misdemeanor assault on November 26, 2019. Ran can be extradited to India under the extradition treaty between the two nations.
“The (extradition) treaty between India and the United States allows Rana's extradition,” the court said in announcing the verdict.
A jury from the US Court of Appeals for the Ninth Circuit affirmed the Central District of California's decision to deny 63-year-old Rana's habeas corpus petition. The court ruled that Rana's alleged crime fell under the terms of the treaty, which contains an exception to the non-bis-in-idem (double jeopardy) law. The extradition of the Pakistani-origin Canadian businessman was sought by India for his involvement in the 2008 Mumbai terrorist attacks.
In addition to allegations of involvement in the 26/11 attacks, Rana, who is currently in a Los Angeles prison, is also being investigated for his association with David Coleman Headleya Pakistani-American member of the terrorist organization Lashkar-e-Taiba (LeT), one of the central figures in orchestrating the attacks.
In upholding the extradition court's decision, the panel clarified that the treaty allows Rana's extradition, with the non bis in idem exception applying if “the person sought has been convicted or acquitted in the requested State of the offence for which extradition is sought.” The court analyzed that the word “offence” in the treaty refers to a crime charged and not to the act itself, which requires an examination of the elements of each crime.
“The three-judge panel concluded that the plea agreement of a co-conspirator does not compel a different result. The panel held that the 'non bis in idem' exception was not applicable because the Indian charges contained 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 stressed that India had presented sufficient substantive evidence to support the judge's finding that Rana committed the crimes he was charged with. The three judges who delivered the verdict were Milan D. Smith, Bridget S. Bade and Sidney A. Fitzwater.
Rana previously faced a US district court on charges of supporting 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 the charges specifically related to supporting terrorism in India. Following his release on humanitarian grounds after seven years in prison, India requested his extradition.
Rana's defense had argued that the US-India extradition treaty protected him from extradition due to the non-bis in idem clause, claiming that India had not provided enough evidence to establish probable cause of his involvement in the crimes. However, both the extradition court and the subsequent habeas corpus court rejected his arguments and upheld his eligibility for extradition.
In his appeal, Rana claimed he could not be extradited for the same conduct for which he had previously been acquitted, arguing that “offense” should refer to the underlying acts and not to charged crimes. The US government, on the other hand, claimed that the term “offense” refers to a charged crime, and stressed that the treaty allowed Rana's extradition because the Indian charges contained different elements than the charges he was accused of in the United States.
Judge Smith stated, “The clear terms of the treaty, the understanding of the signatories after ratification, and compelling precedent all support the government's interpretation.” Rana also argued that the U.S. government's interpretation of the treaty must be consistent with the interpretation made in Headley's agreement, but the court declined to follow that view.
“Because the parties do not dispute that the crimes charged in India contain elements independent of those for which Rana was charged in the United States, the treaty permits Rana's extradition,” Judge Smith concluded.
Rana can appeal the verdict and still has legal options to challenge his extradition to India.
The 2008 Mumbai terrorist attacks, which lasted more than 60 hours and involved ten Pakistani terrorists who targeted several prominent locations in Mumbai, including the Taj Hotel, leaving 166 people dead, including six Americans.