US court approves extradition of 26/11 attack accused Tahawwur Rana to India

A US court has approved the extradition of Pakistani-origin Canadian businessman Tahawwur Rana to India. The authorities sought Rana for his involvement in the 2008 Mumbai terror attack.

New Delhi was expecting the decision as last month, a source-based report mentioned that India's National Investigation Agency (NIA) was preparing to initiate the extradition proceedings against one of the main accused in 26/11 attacks in Mumbai by Pakistan-based Lashkar-e-Taiba (LeT) terrorists in 2008.

India had filed a complaint on June 10, 2020, and had sought the provisional arrest of the 62-year-old with a view towards extradition. The request for the extradition of Rana to India was supported and approved by the Biden Administration.

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Judge Jacqueline Chooljian, US Magistrate Judge of the US District Court Central District of California, said, "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 dated May 16 was released on Wednesday.

The judge further wrote: "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 United States the extraditability of Rana on the charged offences that are the subject of the Request."

Court proceedings

During court proceedings, US Government attorneys argued that Rana was aware that his childhood friend, Pakistani-American David Coleman Headley, was involved with the terrorist organisation LeT, and that by assisting Headley and providing cover for his activities, he was supporting the terrorist organisation and its associates.

It was also said that Rana was aware of Headley's meetings, and the attack strategy, including some of the targets. The US government claimed that Rana was a member of the conspiracy and that he committed the substantive crime of commissioning a terrorist act.

On the other hand, Rana's attorney spoke against the extradition.

26/11 attacks

On November 26, 2008, India was rocked by a series of terrorist attacks when members of LeT carried out 12 coordinated shooting and bombing attacks in Mumbai.

A total of 166 people, including six Americans and more than 300 were wounded during the attacks that lasted for four days as it ended on November 29 when India's National Security Guards (NSG) conducted Operation Black Tornado to kill the remaining terrorists.

Out of 10 attackers, nine were killed and Ajmal Kasab was the only attacker arrested alive by police. He was hanged in Pune's Yerwada jail in secret on November 21, 2012, after he had exhausted all legal remedies.

The judge ruled that the extradition of Rana to India is fully under the jurisdiction of the treaty as there is also an extradition treaty in place between India and the United States.

The judge said that India has issued an arrest warrant and charged Rana with the following offences on which the US is proceeding:
(a) 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
(b) waging war,
(d) murder,
(e) committing a terrorist act
(f) conspiracy to commit a terrorist act.

"The foregoing charged offences constitute extraditable offences within the meaning and scope of the Treaty and over which India has jurisdiction," the judge ruled.

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

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