US Urges Court docket To Certify India’s Request To Extradite 26/11 Accused Tahawwur Rana
Tahawwur Rana is a adolescence pal of David Coleman Headley (Record)
Washington:
The Biden management has advised a federal court docket to certify India’s request to extradite Pakistani-origin Canadian businessman Tahawwur Rana, who’s searched for his involvement within the 2008 Mumbai terror assault.
Assistant US Lawyer John J Lulejian, in his submission prior to a federal US court docket in Los Angeles, mentioned Rana, 59, meets all of the standards to be extradited to India for his trial within the Mumbai terrorist assault. On February 4, Rana’s lawyer had adversarial his extradition.
US District Court docket Pass judgement on in Los Angeles Jacqueline Chooljian has scheduled the extradition listening to for April 22.
“America respectfully requests that following the April 22, 2021, extradition listening to, the Court docket certify India’s request for Rana’s extradition for the Secretary of State’s give up determination,” Mr Lulejian mentioned in his 61-page court docket submission on Monday.
Rana, a adolescence pal of David Coleman Headley, used to be re-arrested on June 10 in Los Angeles on an extradition request by way of India for his involvement within the Mumbai terror assault during which 166 other folks, together with six American citizens, had been killed. He has been declared a fugitive by way of India.
“Fugitive Tahawwur Hussain Rana is sought after in India to face trial for offences associated with his position within the 2008 terrorist assaults in Mumbai, India, that resulted within the loss of life of 166 other folks, the harm of 239 other folks, and the wear and tear to belongings in far more than USD 1.five billion,” Mr Lulejian mentioned.
As consistent with the India-US Extradition Treaty, the Indian govt has asked the formal extradition of Rana, and the US has initiated this extradition continuing.
Mr Lulejian mentioned the factors warranting certification of extradition are glad on this case.
Those are: the court docket has each non-public and subject material jurisdiction, there may be an extradition treaty between the US and India this is in complete pressure and impact, and the crimes for which Rana”s extradition is sought are lined by way of the phrases of the treaty.
India’s extradition request incorporates proof to determine possible reason that the person showing in court docket is the fugitive who dedicated the offence for which extradition is asked, Mr Lulejian argued.
In his court docket submission on February 4, Rana’s lawyer had argued that Rana’s extradition is barred underneath Article 6 of the United States-India extradition treaty as a result of he had in the past been acquitted of the offences for which his extradition is sought, and underneath Article nine of the treaty since the govt has now not established possible reason to consider that Rana dedicated the alleged offences.
Mr Lulejian mentioned that the court docket must to find that Rana’s extradition isn’t barred underneath Article 6 of the India-US Extradition Treaty. Even though there may be plentiful proof that Rana aided and abetted the Mumbai assault, he claims that he must now not be extradited as a result of possible reason is missing. Rana’s declare is in accordance with an wrong try to assault the credibility of a key witness towards him.
Rana additionally does now not contest that he’s the one who India alleges dedicated the charged crimes. As an alternative, he demanding situations simplest whether or not Article 6 of the treaty bars his extradition and whether or not possible reason exists to consider that he dedicated the offences for which India requests his extradition, the Assistant US Lawyer mentioned.
Mr Lulejian mentioned Headley’s plea settlement is beside the point as a result of Rana can’t get pleasure from its phrases. Now not simplest is Rana in a special place than Headley as a result of he didn’t plead accountable or cooperate with the US, as is his proper, however his incapability to get pleasure from the negotiated phrases of Headley’s plea settlement is showed by way of the textual content of the plea settlement itself.
He mentioned Rana’s extradition lawsuits are break away Headley’s felony lawsuits and are being litigated by way of a special United States lawyer’s administrative center from the person who negotiated the plea settlement with Headley.
In step with its very phrases, Rana has no rights underneath Headley’s plea settlement and is subsequently prohibited from depending on it in an try to undermine the US” place on his extraditability underneath the treaty, he added.
“Rana has didn’t display that he can’t be extradited to India because of his prior prosecution in the US,” the lawyer mentioned.
Rana makes an attempt to undermine India’s proof of possible reason by way of wondering the credibility of the important thing witness, David Headley. Now not simplest is Rana’s problem wrong on this extradition continuing, however his claims also are now not supported by way of the legislation or the proof, Mr Lulejian mentioned.
(Apart from for the headline, this tale has now not been edited by way of TTN workforce and is printed from a syndicated feed.)
