US urges court to clear extradition of Tahawwur Rana to India
Washington, July 21: The US has urged a court in California to clear the extradition of Tahawwur Rana, a key accused in the Mumbai 26/11 case. India has been seeking the extradition of Rana.
The attorneys for the US government urged the court to conclude that India's extradition request contains enough evidence of probable cause on each of the criminal charges for which India seeks Rana's extradition.
In a proposed order titled Findings of Facts and Conclusions of the Law, the US attorneys Tracy Wilkinson and Christopher Grigg said, "having found that all of the requirements for certification of extradition have been satisfied, the Court certifies the extradition of Tahawwur Hussain Rana to the Secretary of State and commits him to custody pursuant."
The document filed by the attorneys on July 15 also said based on the evidence submitted by India, RANA allowed fraud against the Indian government to occur through the creation and submission of forged documents. The purpose behind such fraud is irrelevant under the Indian criminal provisions.
"Rana was aware that Headley was involved with LeT, and that by assisting Headley and affording him a cover for his activities, he was supporting the terrorist organisation and its associates. Rana knew of Headley's meetings, what was discussed, and the planning of the attacks, including some of the targets.
Further, it was foreseeable that these attacks would lead to death, injury, and destruction of property," the document also said.
Rana's attorney, John Cline argued that the government has not satisfied the requirement of provision of the Extradition Treaty that a request for extradition be supported by such information as would justify the committal for trial of the person if the offence has been committed in the Requested State.
Rana is sought in India in connection with his involvement in the November 26, 2008 Mumbai terrorist attack.
Rana, a childhood friend of prime convict David Coleman Headley, was re-arrested on June 10, 2020 in Los Angeles on an extradition request by India for his involvement in the Mumbai terror attack in which 166 people, including six Americans, were killed. He has been declared a fugitive by India.
Headley, 60, was made an approver in the case, and is currently serving a 35-year prison term in the US for his role in the attack. Rana has opposed his extradition to India, arguing that he has already been convicted by a US court in Chicago.
The United States government asserts that the premise of Rana's argument is incorrect because the Indian substantive charges are not considered lesser included offenses of their conspiracy charges.
As per the India-US Extradition Treaty, the Indian government has requested the formal extradition of Rana, and the United States has initiated this extradition proceeding. The US government has argued that Rana meets all the criteria warranting certification of his extradition to India.