A US federal appeals courtroom in California has dominated that 26/11 assaults accused Tahawwur Hussain Rana is extraditable to India below the extradition treaty between the 2 nations.
“The (India US Extradition) Treaty permits Rana’s extradition,” stated the courtroom whereas giving the ruling.
A panel of judges from the US Court docket of Appeals for the Ninth Circuit upheld the Central District of California’s resolution to disclaim 63-year-old Rana’s habeas corpus petition.The courtroom determined that Rana’s alleged offense falls inside the phrases of the treaty, which incorporates a Non Bis in Idem (double jeopardy) exception. The extradition of the Canadian businessman of Pakistani origin was sought by India for his involvement within the 2008 Mumbai terror assaults.
Along with the 26/11 assaults involvement accusations, Rana, who’s at the moment in a Los Angeles jail, additionally faces chargesf for his affiliation with David Coleman Headley, a Pakistani-American member of the terrorist group Lashkar-e-Taiba (LeT), one of many central figures in orchestrating the assaults.
In affirming the extradition courtroom’s resolution, the panel clarified that the Treaty permits Rana’s extradition, with the Non Bis in Idem exception to extraditability making use of when “the individual sought has been convicted or acquitted within the Requested State for the offence for which extradition is requested.” The courtroom analyzed that the phrase “offense” within the treaty refers to a charged crime fairly than the acts concerned, necessitating an examination of every crime’s parts.
“The panel of three judges concluded {that a} co-conspirator’s plea settlement didn’t compel a special end result. The panel held that the Non Bis in Idem exception didn’t apply as a result of the Indian expenses contained distinct parts from the crimes for which Rana was acquitted in america,” the courtroom stated, quoted by information company PTI.
The panel additionally highlighted that India offered enough competent proof to help the Justice of the Peace choose’s discovering of possible trigger that Rana dedicated the charged crimes. The three judges who made the ruling have been Milan D Smith, Bridget S Bade, and Sidney A Fitzwater.
Beforehand, Rana was tried in a US district courtroom for offering help to a terrorist group concerned within the Mumbai assaults. Although he was convicted of supporting a international terrorist group and a foiled plot in Denmark, he was acquitted of expenses particularly associated to supporting terrorism in India. Following his compassionate launch after seven years in jail, India requested his extradition.
Rana’s protection had argued that the US-India extradition treaty protected him from extradition because of the Non Bis in Idem provision and claimed that India didn’t present sufficient proof to point out possible reason for his involvement within the crimes. Nevertheless, each the extradition courtroom and the following habeas courtroom rejected his arguments and licensed his extraditability.
In his enchantment, Rana contended that he couldn’t be extradited for a similar conduct for which he was beforehand acquitted, arguing that “offense” ought to confer with the underlying acts fairly than charged crimes. Conversely, the US authorities contended the time period “offense” refers to a charged crime and burdened that the treaty permits Rana’s extradition because the Indian expenses include distinct parts from the costs he confronted in america.
Decide Smith acknowledged, “the Treaty’s plain phrases, the post-ratification understanding of the signatories, and persuasive precedent all help the federal government’s interpretation.” Rana additionally argued that the US authorities’s interpretation of the Treaty needs to be per that in Headley’s plea settlement, however the courtroom declined to undertake this view.
“As a result of the events don’t dispute that the crimes charged in India have parts unbiased from these below which Rana was prosecuted in america, the Treaty permits Rana’s extradition,” Decide Smith concluded.
Rana retains the choice to enchantment the ruling and nonetheless has authorized avenues out there to contest his extradition to India.
The 2008 Mumbai terror assaults, which spanned greater than 60 hours, concerned ten Pakistani terrorists who focused a number of famend areas in Mumbai together with the Taj Resort, leading to 166 deaths, together with six Individuals.
“The (India US Extradition) Treaty permits Rana’s extradition,” stated the courtroom whereas giving the ruling.
A panel of judges from the US Court docket of Appeals for the Ninth Circuit upheld the Central District of California’s resolution to disclaim 63-year-old Rana’s habeas corpus petition.The courtroom determined that Rana’s alleged offense falls inside the phrases of the treaty, which incorporates a Non Bis in Idem (double jeopardy) exception. The extradition of the Canadian businessman of Pakistani origin was sought by India for his involvement within the 2008 Mumbai terror assaults.
Along with the 26/11 assaults involvement accusations, Rana, who’s at the moment in a Los Angeles jail, additionally faces chargesf for his affiliation with David Coleman Headley, a Pakistani-American member of the terrorist group Lashkar-e-Taiba (LeT), one of many central figures in orchestrating the assaults.
In affirming the extradition courtroom’s resolution, the panel clarified that the Treaty permits Rana’s extradition, with the Non Bis in Idem exception to extraditability making use of when “the individual sought has been convicted or acquitted within the Requested State for the offence for which extradition is requested.” The courtroom analyzed that the phrase “offense” within the treaty refers to a charged crime fairly than the acts concerned, necessitating an examination of every crime’s parts.
“The panel of three judges concluded {that a} co-conspirator’s plea settlement didn’t compel a special end result. The panel held that the Non Bis in Idem exception didn’t apply as a result of the Indian expenses contained distinct parts from the crimes for which Rana was acquitted in america,” the courtroom stated, quoted by information company PTI.
The panel additionally highlighted that India offered enough competent proof to help the Justice of the Peace choose’s discovering of possible trigger that Rana dedicated the charged crimes. The three judges who made the ruling have been Milan D Smith, Bridget S Bade, and Sidney A Fitzwater.
Beforehand, Rana was tried in a US district courtroom for offering help to a terrorist group concerned within the Mumbai assaults. Although he was convicted of supporting a international terrorist group and a foiled plot in Denmark, he was acquitted of expenses particularly associated to supporting terrorism in India. Following his compassionate launch after seven years in jail, India requested his extradition.
Rana’s protection had argued that the US-India extradition treaty protected him from extradition because of the Non Bis in Idem provision and claimed that India didn’t present sufficient proof to point out possible reason for his involvement within the crimes. Nevertheless, each the extradition courtroom and the following habeas courtroom rejected his arguments and licensed his extraditability.
In his enchantment, Rana contended that he couldn’t be extradited for a similar conduct for which he was beforehand acquitted, arguing that “offense” ought to confer with the underlying acts fairly than charged crimes. Conversely, the US authorities contended the time period “offense” refers to a charged crime and burdened that the treaty permits Rana’s extradition because the Indian expenses include distinct parts from the costs he confronted in america.
Decide Smith acknowledged, “the Treaty’s plain phrases, the post-ratification understanding of the signatories, and persuasive precedent all help the federal government’s interpretation.” Rana additionally argued that the US authorities’s interpretation of the Treaty needs to be per that in Headley’s plea settlement, however the courtroom declined to undertake this view.
“As a result of the events don’t dispute that the crimes charged in India have parts unbiased from these below which Rana was prosecuted in america, the Treaty permits Rana’s extradition,” Decide Smith concluded.
Rana retains the choice to enchantment the ruling and nonetheless has authorized avenues out there to contest his extradition to India.
The 2008 Mumbai terror assaults, which spanned greater than 60 hours, concerned ten Pakistani terrorists who focused a number of famend areas in Mumbai together with the Taj Resort, leading to 166 deaths, together with six Individuals.
