Mumbai terror attack accused Tahawwur Rana can be extradited to India: US court

19-Aug-2024

Under the limited scope of habeas review of an extradition order, the panel held that Rana’s alleged offence fell within the terms of the extradition treaty between the United States and India

In a major setback to Pakistani-origin Canadian businessman Tahawwur Rana, who is sought by India for his involvement in the 2008 Mumbai terror attack, the US Court of Appeals for the Ninth Circuit has ruled that he is extraditable to India under the extradition treaty between the two countries.

“The (India US Extradition) Treaty permits Rana’s extradition,” the court said in its ruling on August 15.

Ruling on an appeal filed by Rana, a panel of judges of the US Court of Appeals for the Ninth Circuit affirmed the District Court in the Central District of California’s denial of his habeas corpus petition challenging a magistrate judge’s certification of his as extraditable to India for his alleged participation in terrorist attacks in Mumbai.

Under the limited scope of habeas review of an extradition order, the panel held that Rana’s alleged offence fell within the terms of the extradition treaty between the United States and India, which included a Non Bis in Idem (double jeopardy) exception to extraditability “when the person sought has been convicted or acquitted in the Requested State for the offence for which extradition is requested”.

The panel of three judges concluded that a co-conspirator’s plea agreement did not compel a different result. The panel held that the Non Bis in Idem exception did not apply because the Indian charges contained distinct elements from the crimes for which Rana was acquitted in the United States.

In its ruling, the panel also held that India provided sufficient competent evidence to support the magistrate judge’s finding of probable cause that Rana committed the charged crimes. The three panel of judges were Milan D Smith, Bridget S Bade, and Sidney A Fitzwater.