In a significant legal development, the US Court of Appeals for the Ninth Circuit has ruled that Pakistani-origin Canadian businessman Tahawwur Rana can be extradited to India in connection with the 2008 Mumbai terror attacks. The court’s ruling, delivered on August 15, supports India’s request for Rana’s extradition under the bilateral extradition treaty between the United States and India.
The court’s decision came after Rana filed an appeal challenging the earlier denial of his habeas corpus petition. Rana had contested a magistrate judge’s certification of his extraditability, arguing that his previous acquittals in the United States on related charges should exempt him from extradition based on the treaty’s double jeopardy provision, known as Non Bis in Idem.
The Ninth Circuit panel, consisting of Judges Milan D. Smith, Bridget S. Bade, and Sidney A. Fitzwater, upheld the lower court’s findings, ruling that the Indian charges against Rana did not overlap with the crimes for which he was acquitted in the US. The panel noted that the term “offence” under the treaty refers to specific charges rather than underlying acts, thus validating India’s request for extradition.
The court also found that India had provided sufficient evidence to establish probable cause for the crimes Rana is accused of. Rana, who was previously convicted in the US for supporting terrorist activities and conspiring to support a foiled attack in Denmark, was acquitted of related terrorism charges linked to the Mumbai attacks.
Rana, who has already served seven years in prison for his US convictions, remains a controversial figure. He was released on compassionate grounds, after which India sought his extradition to face trial for his alleged role in the Mumbai attacks. Rana still has the option to appeal this ruling and continues to explore legal avenues to avoid extradition.
This decision marks a crucial step in addressing international terrorism and enhancing judicial cooperation between the US and India.
