26/11 Mumbai terror attack: Former Pakistan Army doctor Tahawwur Rana extraditable to India, US court rules

Canadian national and former Pakistani army doctor Tahawwur Rana, wanted by India's National Investigation Agency (NIA) for his role in the 26/11 terrorist attack, is extraditable to India under the extradition treaty between Washington DC and New Delhi, the US Court of Appeals for the Ninth Circuit has ruled.

"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 extradition to India.

The judicial 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".

A jury convicted Rana of providing material support to a foreign terrorist organisation and conspiring to provide material support to a foiled plot to carry out terrorist attacks in Denmark. However, the jury acquitted Rana of conspiring to provide material support to terrorism related to the attacks in India.

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After Rana served seven years in prison for those convictions and upon his compassionate release, India issued a request for his extradition to try him for his alleged participation in the Mumbai attacks.

Before the magistrate judge who initially decided Rana’s extraditability (the extradition court), Rana argued that the US extradition treaty with India protected him from extradition because of its Non Bis in Idem (double jeopardy) provision. He also argued that India did not provide sufficient evidence to demonstrate probable cause that he committed the charged crimes.

India maintains that the Indo-US extradition treaty permits Rana’s extradition because the Indian charges contain distinct elements from the crimes for which he was acquitted in the United States.

Rana argued, however, that, based on the government’s interpretation of the Treaty in Headley’s plea agreement, we should judicially estop the government from advocating for its current interpretation of the Treaty.

"We decline to do so," the judge said.

"Because the parties do not dispute that the crimes charged in India have elements independent from those under which Rana was prosecuted in the United States, the Treaty permits Rana’s extradition," Judge Smith said.

Rana has not yet run out of all the legal options to prevent his extradition to India.

(With inputs from agencies)