A US court has stayed the extradition of Pakistani-origin Canadian businessman and an accused in the 2008 Mumbai terror attack Tahawwur Rana to India pending his appeal, overriding the appeal of the Biden administration. “The extradition of Rana to India is stayed pending the conclusion of his appeal before the United States Court of Appeals for the Ninth Circuit,” District Judge Dale S. Fischer of the US District Court in Central California said in the order issued on August 18.
Rana had appealed before the Ninth Circuit Court against the order by a US District Court in the Central District of California that denied the writ of habeas corpus, reported news agency PTI. Judge Fischer in his latest order said that Rana’s “ex parte application” seeking a stay on his extradition was granted, overriding the government’s recommendations that there should be no stay on his extradition.
Rana, known to be closely associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 Mumbai attacks, is accused of his involvement in the attack and is facing charges for the same.
The Judge said that while the Court does not find that Rana “has made a strong showing that he is likely to succeed on the merits” – otherwise the Court would have ruled in his favour in the first instance – he has certainly raised serious legal questions going to the merits, PTI reported.
“The proper meaning of “offence” in Article 6(1) of the extradition treaty is not clear and different jurists could come to different conclusions. Rana’s position is certainly colourable and could very well be found to be correct on appeal,” the judge noted.
“The final two factors “merge when the Government is the opposing party.” There is value in compliance with India’s extradition request, but Rana’s extradition proceedings have been going on for more than three years, which suggests that the process has not been rushed so far. Otherwise, the public interest, if anything, favours Rana,” the judge wrote.
“The public has a strong interest in the proper interpretation of extradition treaties, particularly in the interpretation of provisions that provide important individual protections like the one at issue here. Further, there is a strong public interest in definitive, binding interpretations of treaties. District courts cannot provide those rulings; courts of appeals can,” the judge said.
Rana has been asked to submit his argument before October 10 and the US Government has been asked to submit its response by November 8 by the US Court of Appeals for the Ninth Circuit.
Union Home Minister Amit Shah, during the recently concluded Monsoon Session, had informed that Rana would soon face the Indian judiciary.
Rana was arrested in the US on an extradition request by India for his role in the Mumbai attacks that killed 175 people, including six Americans.
Authorities in India said that Rana allegedly conspired with his childhood friend David Coleman Headley to assist the Pakistani terror group Lashkar-e-Taiba in executing the terror attacks. David Headley had pleaded guilty and testified against Rana.
In June, the Biden administration had urged the court to deny the writ of habeas corpus filed by Rana. “The United States respectfully requests that the court deny Rana’s petition for a writ of habeas corpus,” said E Martin Estrada, US attorney for the Central District of California, in his petition filed before the US District Court for the Central District of California.
