Explained: The case of 2008 Mumbai terror attack accused Tahawwur Rana

In a big win for the Indian government, a US court in California approved the extradition of Pakistani-Canadian businessman Tahawwur Rana to India where he is sought for his involvement in the 2008 Mumbai terror attack. This development comes after a US court in April dismissed a status conference motion moved by Rana, stating that it anticipates a ruling on his extradition to India within 30 days.

Rana, 62, is said to be linked with Pakistan's Inter-Services Intelligence (ISI) and was arrested in the US for his role in the Mumbai terror attack which saw 10 Lashkar-e-Taiba (LeT) terrorists storm buildings in Mumbai, killing more than 160 people, including six Americans, in a 60-hour siege.

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Out of the 10 terrorists responsible for the attack, nine were killed and Ajmal Kasab was the only terrorist arrested alive by police. He was later hanged in Pune's Yerawada jail on November 21, 2012 after conviction and being sentenced to death.

On June 10, 2020, the Indian government sought the provisional arrest of Rana with a view towards extradition. And the request for the extradition was supported and approved by Washington.

Who is Tahawwur Rana?

Tahawwur Rana is a Canadian businessman of Pakistani descent. He was born in 1961 in Chichawatni in Pakistan's Punjab province. Rana is a physician by profession and served as a captain-general duty practitioner in the Pakistan Army medical corps.

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Rana and his wife, who is also a physician, immigrated to Canada in 1997 and obtained Canadian citizenship in 2001. The couple lived primarily in Chicago and owned several businesses, including an immigration service agency.

Rana is said to be linked with the ISI and was arrested in the US for his role in the 26/11 attack. His arrest (in the US) was made at India's request as per the 1997 Extradition Treaty between the two countries. In 2011, he was convicted in Chicago of providing material support to the LeT, which planned the Mumbai terror attacks.

The court proceedings

Judge Jacqueline Chooljian, US Magistrate Judge of the US District Court Central District of California said in an order dated May 16 that based on the foregoing, the court concluded that Tahawwur Rana was extraditable for the offences for which the extradition had been requested and on which the US was proceeding, the news agency ANI reported.

"The court has reviewed and considered all of the documents submitted in support of and in opposition to the Request and has considered the arguments presented at the hearing," the 48-page court order said.

"Based on such review and consideration and for the reasons discussed herein, the court makes the findings set forth below and certifies to the Secretary of State of the US the extraditability of Rana on the charged offences that are the subject of the Request," the order added.

According to Judge Chooljian, India accused Rana of offences including waging war, committing to a terrorist actand issued an arrest warrant, on which the US is also proceeding.

>conspiracy to wage war, to commit murder, to commit forgery for cheating, to use as genuine a forged document or electronic record, and to commit a terrorist act

>waging war

>murder

>committing a terrorist act

>conspiracy to commit a terrorist act

Rana's friendship with David Headley

During his college days, Tahawwur Rana befriended David Headley, an American terrorist who was involved with the LeT. During the court proceedings, federal prosecutors argued that Rana was aware that his friend Headley was involved with the LeT, and helped him in scouting locations and landing zones in Mumbai for carrying out the attacks.

The 62-year-old was aware of what was discussed in Headley's meetings, including the planning of the attacks as well as the targets. Rana was also accused of allowing Headley to open a branch of his Chicago-based immigration law business in Mumbai as a cover and travel as a representative of Denmark.

Where is David Headley now?

David Headley, a US-Pakistani national, was involved with the LeT. Headley performed five spying missions in Mumbai to scout targets for the 2008 terror attack. He was arrestedat the Chicago airport in October 2009 after being tracked by the Federal Bureau of Investigation (FBI) for more than two months. He is currently serving a 35-year sentence in the US after pleading guilty to 12 international terrorism charges.

Rana's extradition contested

While the extradition has been contested by Tahawwur Rana's lawyer, judge Chooljian ruled that there is sufficient competent evidence to extradite him. And the court concluded that the 62-year-old is extraditable for offences for which extradition was requested and on which the US is proceeding, ANI reported.

The extradition requested for conspiracy to wage war, to commit murder, to commit forgery for the purpose of cheating, to use as genuine a forged document or electronic record, and to commit a terrorist act; waging war; murder; committing a terrorist act; and conspiracy to commit a terrorist act.

"It is therefore ordered that Tahawwur Hussain Rana be and remain committed to the custody of the US Marshal pending a final decision on extradition and surrender by the Secretary of State to India for the trial of the offences as to which extradition has been granted pursuant to Title 18, US Code, section 3186 and the Treaty," the judge ruled.

(With inputs from agencies)

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