Mumbai terror attack accused Rana's extradition to India stayed by US court

A US court ordered a stay on the extradition of Pakistani-origin Canadian businessman Tahawwur Rana to India, where he is facing a trial in the 2008 Mumbai terror attack in which 166 people were killed. Rana appealed before the Ninth Circuit Court against an order by a US District Court in the Central District of California that denied the writ of habeas corpus.

According to a report by the news agency PTI on Tuesday (August 22), District Judge Dale S Fischer in his latest order said that Rana's “ex parte application” seeking a stay on his extradition was granted.

“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,” the order issued on August 18 read.

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The report said that in doing so, the judge overrode the government's recommendations that there should be no stay on Rana's extradition. Judge Fischer wrote that the court did not find that Rana made a strong showing that he was likely to succeed on merits,otherwise, the court would have ruled in his favour in the first instance.

Fischer noted that the proper meaning of offence in Article 6(1) of the extradition treaty was not clear different jurists could come to different conclusions. "Rana's position is certainly colourable and could very well be found to be correct on appeal,” he added.

“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 further wrote.

The US Court of Appeals for the Ninth Circuit has asked Rana to submit his argument before October 10 and Washington has been asked to submit its response by November 8.

Judge Fischer also said that Rana has shown that he is likely to suffer significant irreparable harm absent a stay. He will be extradited to India for a trial on serious crimes with no hope for a review of his arguments or hope for his return to the United States.

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