Tahawwur Rana, a key figure facing trial for his alleged involvement in the 2008 Mumbai terror attacks, has been given an extension to file a motion opposing his extradition to India by a United States federal court. Rana is known for his association with David Coleman Headley, the Pakistani-American terrorist and a central figure in the 26/11 attacks. Rana is facing multiple charges related to his alleged role in the attack. The US Court of Appeals for the Ninth Circuit has accepted his request for additional time, originally due on October 10.
In August, Rana filed an appeal before the court contesting an order issued by a US District Court in the Central District of California, which had rejected his petition for a writ of habeas corpus. On August 18, the court granted Rana’s request for a stay of extradition, allowing his appeal to be heard by the US Court of Appeals.
Rana’s brief is now scheduled for submission on November 9, while the government’s response will be due on December 11, 2023.
Previously, the Ninth Circuit Court had instructed Rana to present his argument before October 10, with the US government set to respond by November 8. The judge noted that Rana had demonstrated a likelihood of suffering irreparable harm without the stay.
Although the US government concedes that Rana will be extradited to India to face trial for serious crimes with no opportunity for a review of his arguments or a return to the United States, it contends that this claimed irreparable harm applies to any fugitive seeking a stay of extradition pending appeal. Therefore, the judge concluded that it does not constitute a valid
argument.
‘Failed to demonstrate the possibility of reversal’
US attorney John J Lulejian had urged the court to deny Rana’s ex parte application for a stay of extradition pending appeal, arguing that it would cause “unwarranted delay” in the United States’ fulfillment of its obligations to India, which would harm its international credibility and hinder its ability to secure the cooperation of foreign nations in bringing US fugitives to justice.
Lulejian further maintained that Rana had failed to show that he was likely to overturn the Ninth Circuit’s decision.
In his ex parte application for a stay, Rana did not provide evidence to suggest that he is likely to succeed in his appeal, according to Lulejian. Rana simply indicated that he sought a stay “to allow his non-bis in idem argument to be considered by the court of appeals.” In the meantime, the National Investigation Agency (NIA) is investigating Rana’s role in the 26/11 attacks orchestrated by the Pakistan-based Lashkar-e-Taiba group. The NIA has expressed its readiness to initiate diplomatic proceedings to bring him to India. The 2008 Mumbai terror attacks resulted in the deaths of 166 individuals, including six Americans, as 10 Pakistani terrorists carried out a siege that lasted over 60 hours.
