New Delhi- In what brings 26/11 terror assault accused Pakistani-origin Canadian businessman Tahawwur Rana nearer to extradition to India, a US court docket has denied the writ of habeas corpus filed by him.
The denial has paved the best way for US Secretary of State Antony Blinken to concern a certification for him to be extradited to India the place he’s going through a trial for his alleged involvement within the 2008 Mumbai terror assaults.
“The court has denied Tahawwur Rana’s petition for writ of habeas corpus by a separate order, ” learn orders by Judge Dale S Fischer, United States District Judge, Central District of California.
During the just lately concluded monsoon session of the Indian parliament the Home Minister Amit Shah had knowledgeable the House that Tahawwur Rana would face the Indian judiciary quickly.
Rana has filed an enchantment in opposition to the order and sought a keep on his extradition to India until the time his enchantment within the Ninth Circuit Court is heard. He had filed “writ of habeas corpus” in June this 12 months difficult a court docket order that acceded to the request of the US authorities that the 2008 Mumbai terror assaults accused be extradited to India.
The particular public prosecutor of the 26/11 case Ujjwal Nikam stated that it was an ideal diplomatic success and a significant blow to terrorism. “With extradition almost finalised, we now need to decide which court he will be tried, whether in the NIA court at Delhi or elsewhere, those questions will be decided by the investigating agency, ” Said Nikam.
Judge Fischer in his rejection order stated that he didn’t discover any stable grounds as Rana has solely made two primary arguments within the writ. First, he claims that, pursuant to the treaty, he can’t be extradited as a result of India plans to prosecute him for a similar acts for which he was charged and acquitted in a United States court docket. Second, he argues that the federal government has not established that there’s possible trigger to imagine that Rana dedicated the Indian offenses for which he’s anticipated to face trial, the decide stated.
“Given that, even if (David) Headley’s testimony were the entire basis for the probable cause finding, it would be sufficient for the purposes of habeas review because it constitutes some competent evidence supporting the finding. For the reasons stated above, Rana’s petition for a writ of habeas corpus is DENIED, ” the decide wrote.
Tahawwur Rana was arrested within the US on an extradition request by India for his position within the Mumbai assaults that killed 175 folks, together with six Americans.
Indian authorities allege that Rana conspired along with his childhood good friend David Coleman Headley to help the Pakistani terror group Lashkar-e-Taiba in orchestrating the fear assaults. David Headley had pleaded responsible and testified in opposition to Rana.
Following Judge Fischer’s order, Patrick Blegen and John D Cline, Rana’s two attorneys filed an enchantment to the United States Court of Appeals for the Ninth Circuit from the Order entered on August 10, 2023, for denying his petition for writ of habeas corpus.
In a separate enchantment, Blegen has filed a petition “for a stay of extradition pending his appeal” to the United States Court of Appeals for the Ninth Circuit from the court docket’s order denying his petition for a writ of habeas corpus.
“As set forth in the accompanying memorandum, petitioner submits that a stay of extradition pending appeal is appropriate because he has made a strong showing that he is likely to succeed on the merits of his non bis in idem claim; he will suffer irreparable harm if he is extradited, potentially including the death penalty; a stay pending appeal will not substantially injure the government; and the public interest favors a full review of Rana’s non bis claim before he is sent to a country that seeks to execute him, ” Rana’s legal professional wrote on August 14.
In June, the Biden administration had urged the court docket to disclaim the writ of habeas corpus filed by Rana. “The United States respectfully requests that the court deny Rana’s petition for a writ of habeas corpus, ” stated E Martin Estrada, US legal professional for Central District of California, in his petition filed earlier than the US District Court for the Central District of California.