Biden admn urges US courtroom to certify India’s request to extradite Tahawwur Rana

The Biden administration has urged a federal courtroom to certify India’s request to extradite Pakistani-origin Canadian businessman Tahawwur Rana, who’s looked for his involvement within the 2008 Mumbai terror assault.
Assistant US Attorney John J Lulejian, in his submission earlier than a federal US courtroom in Los Angeles, stated Rana, 59, meets all the standards to be extradited to India for his trial within the Mumbai terrorist assault. On February 4, Rana’s legal professional had opposed his extradition.
US District Court Judge in Los Angeles Jacqueline Chooljian has scheduled the extradition listening to for April 22.
“The United States respectfully requests that following the April 22, 2021, extradition hearing, the Court certify India’s request for Rana’s extradition for the Secretary of State’s surrender decision,” Lulejian stated in his 61-page courtroom submission on Monday.
Rana, a childhood pal of David Coleman Headley, was re-arrested on June 10 in Los Angeles on an extradition request by India for his involvement within the Mumbai terror assault wherein 166 folks, together with six Americans, have been killed. He has been declared a fugitive by India.
“Fugitive Tahawwur Hussain Rana is wanted in India to stand trial for offences related to his role in the 2008 terrorist attacks in Mumbai, India, that resulted in the death of 166 people, the injury of 239 people, and the damage to property in excess of USD 1.5 billion,” Lulejian stated.
As per the India-US Extradition Treaty, the Indian authorities has requested the formal extradition of Rana, and the United States has initiated this extradition continuing.
Lulejian stated the standards warranting certification of extradition are happy on this case.
These are: the courtroom has each private and material jurisdiction, there’s an extradition treaty between the United States and India that’s in full drive and impact, and the crimes for which Rana’s extradition is sought are coated by the phrases of the treaty.
India’s extradition request comprises proof to determine possible trigger that the person showing in courtroom is the fugitive who dedicated the offence for which extradition is requested, Lulejian argued.

In his courtroom submission on February 4, Rana’s legal professional had argued that Rana’s extradition is barred below Article 6 of the United States-India extradition treaty as a result of he had beforehand been acquitted of the offences for which his extradition is sought, and below Article 9 of the treaty as a result of the federal government has not established possible trigger to imagine that Rana dedicated the alleged offences.
Lulejian stated that the courtroom ought to discover that Rana’s extradition will not be barred below Article 6 of the India-US Extradition Treaty. Although there’s ample proof that Rana aided and abetted the Mumbai assault, he claims that he shouldn’t be extradited as a result of possible trigger is missing. Rana’s declare is predicated on an improper try and assault the credibility of a key witness in opposition to him.
Rana additionally doesn’t contest that he’s the one that India alleges dedicated the charged crimes. Instead, he challenges solely whether or not Article 6 of the treaty bars his extradition and whether or not possible trigger exists to imagine that he dedicated the offences for which India requests his extradition, the Assistant US Attorney stated.
Lulejian stated Headley’s plea settlement is irrelevant as a result of Rana can’t profit from its phrases. Not solely is Rana in a distinct place than Headley as a result of he didn’t plead responsible or cooperate with the United States, as is his proper, however his incapacity to learn from the negotiated phrases of Headley’s plea settlement is confirmed by the textual content of the plea settlement itself.

He stated Rana’s extradition proceedings are separate from Headley’s legal proceedings and are being litigated by a distinct United States legal professional’s workplace from the one who negotiated the plea settlement with Headley.
According to its very phrases, Rana has no rights below Headley’s plea settlement and is due to this fact prohibited from counting on it in an try and undermine the United States’ place on his extraditability below the treaty, he added.
“Rana has failed to demonstrate that he cannot be extradited to India as a result of his prior prosecution in the United States,” the legal professional stated.
Rana makes an attempt to undermine India’s proof of possible trigger by questioning the credibility of the important thing witness, David Headley. Not solely is Rana’s problem improper on this extradition continuing, however his claims are additionally not supported by the legislation or the proof, Lulejian stated.