Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Access Denied Sports
  • Red Sea crisis | Costs up, but no adverse impact on India’s trade so far, says official
    Red Sea crisis | Costs up, but no adverse impact on India’s trade so far, says official Business
  • Scientists find how the same ear senses murmurs and listens to screaming music
    Scientists find how the same ear senses murmurs and listens to screaming music Science
  • Access Denied Sports
  • NEET-UG AIR 2 holder recounts retest horror and reset strategy
    NEET-UG AIR 2 holder recounts retest horror and reset strategy Nation
  • Access Denied World
  • Woman Reaches Taj Mahal With Kanwar, Tries To Offer Gangajal: Cops
    Woman Reaches Taj Mahal With Kanwar, Tries To Offer Gangajal: Cops Nation
  • Access Denied World
Pakistani Origin Man Tahawwur Rana, Involved In 26/11 Terror Attack, Extraditable To India: US Court

Pakistani Origin Man Tahawwur Rana, Involved In 26/11 Terror Attack, Extraditable To India: US Court

Posted on August 17, 2024 By admin


Tahawwur Rana is sought by India for his involvement in the 2008 Mumbai terror attack.

Washington:

In a major setback to Pakistani-origin Canadian businessman Tahawwur Rana, who is sought by India for his involvement in the 2008 Mumbai terror attack, the US Court of Appeals for the Ninth Circuit has ruled that he is extraditable to India under the extradition treaty between the two countries.

“The (India-US Extradition) Treaty permits Rana’s extradition,” the court said in its ruling on August 15.

Ruling on an appeal filed by Rana, a panel of judges of the US Court of Appeals for the Ninth Circuit affirmed the District Court in the Central District of California’s denial of his habeas corpus petition challenging a magistrate judge’s certification of his as extraditable to India for his alleged participation in terrorist attacks in Mumbai.

Under the limited scope of habeas review of an extradition order, the panel held that Rana’s alleged offense fell within the terms of the extradition treaty between the United States and India, which included a Non Bis in Idem (double jeopardy) exception to extraditability “when the person sought has been convicted or acquitted in the Requested State for the offence for which extradition is requested”.

Relying on the plain text of the treaty, the State Department’s technical analysis, and persuasive case law of other circuits, the panel held that the word “offence” refers to a charged crime, rather than underlying acts, and requires an analysis of the elements of each crime.

The panel of three judges concluded that a co-conspirator’s plea agreement did not compel a different result. The panel held that the Non Bis in Idem exception did not apply because the Indian charges contained distinct elements from the crimes for which Rana was acquitted in the United States.

In its ruling, the panel also held that India provided sufficient competent evidence to support the magistrate judge’s finding of probable cause that Rana committed the charged crimes. The three panel of judges were Milan D Smith, Bridget S Bade, and Sidney A Fitzwater.

Rana, a Pakistani national, was tried in a US district court on charges related to his support for a terrorist organisation that carried out large scale terrorist attacks in Mumbai. A jury convicted Rana of providing material support to a foreign terrorist organisation and conspiring to provide material support to a foiled plot to carry out terrorist attacks in Denmark.

However, the jury acquitted Rana of conspiring to provide material support to terrorism related to the attacks in India. After Rana served seven years in prison for those convictions and upon his compassionate release, India issued a request for his extradition to try him for his alleged participation in the Mumbai attacks.

Before the magistrate judge who initially decided Rana’s extraditability (the extradition court), Rana argued that the US extradition treaty with India protected him from extradition because of its Non Bis in Idem (double jeopardy) provision. He also argued that India did not provide sufficient evidence to demonstrate probable cause that he committed the charged crimes.

The extradition court rejected Rana’s arguments and certified that he was extraditable. After Rana raised the same arguments in a habeas petition in district court (the habeas court), the habeas court affirmed the extradition court’s findings of facts and conclusions of law.

In his appeal, Rana argued that he cannot be extradited based on conduct for which he was acquitted in the United States because the word “offence” refers to underlying acts. The US government argued that “offence” refers to a charged crime and requires an analysis of the elements of each charged crime.

Thus, according to the government, the Treaty permits Rana’s extradition because the Indian charges contain distinct elements from the crimes for which he was acquitted in the United States.

Judge Smith said that the Treaty’s plain terms, the post-ratification understanding of the signatories, and persuasive precedent all support the government’s interpretation. Rana argued, however, that, based on the government’s interpretation of the Treaty in Headley’s plea agreement, we should judicially estop the government from advocating for its current interpretation of the Treaty. “We decline to do so,” Judge Smith said.

“Because the parties do not dispute that the crimes charged in India have elements independent from those under which Rana was prosecuted in the United States, the Treaty permits Rana’s extradition,” Judge Smith said.

Rana has the option of appealing against this ruling. He still has not run out of all the legal options to prevent his extradition to India.
 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Waiting for response to load…



Source link

World Tags:2008 Mumbai Terror Attack, 26/11 Terror Attack Mumbai, India US Extradition Treaty, Tahawwur Rana, Tahawwur Rana Extradition to India, US court

Post navigation

Previous Post: “Because Of Harsh Steps I Have Taken…”: Jay Shah’s Straight Talk On Shreyas Iyer, Ishan Kishan
Next Post: First Test Flight Of India’s Human Space Mission Rocket Likely In December

Related Posts

  • Japan’s Prime Minister Kishida steps down to make way for Shigeru Ishiba
    Japan’s Prime Minister Kishida steps down to make way for Shigeru Ishiba World
  • Venezuelan opposition figure Machado wins top European rights prize
    Venezuelan opposition figure Machado wins top European rights prize World
  • Joe Biden Takes Jibe At Donald Trump Over Campaign Cash Lead
    Joe Biden Takes Jibe At Donald Trump Over Campaign Cash Lead World
  • Iranian crude returns to India after seven years as tankers dock at key ports
    Iranian crude returns to India after seven years as tankers dock at key ports World
  • 2 Killed In Israeli Strike On Lebanon Suburbs: Report
    2 Killed In Israeli Strike On Lebanon Suburbs: Report World
  • Lawyer of Imran Khan’s party meets him in jail, says ex-premier fine and healthy
    Lawyer of Imran Khan’s party meets him in jail, says ex-premier fine and healthy World

More Related Articles

Several injured in Denmark in suspected underworld shooting: police Several injured in Denmark in suspected underworld shooting: police World
Anthony Joshua returns to Britain after car crash that killed two friends in Nigeria Anthony Joshua returns to Britain after car crash that killed two friends in Nigeria World
Afghan officials say Pakistani strikes killed 7, wounded 85 in first attacks since peace talks Afghan officials say Pakistani strikes killed 7, wounded 85 in first attacks since peace talks World
Moscow to begin spring military draft amid mobilisation fears Moscow to begin spring military draft amid mobilisation fears World
Access Denied World
U.S. military says it disabled cargo vessel trying to run Iran blockade U.S. military says it disabled cargo vessel trying to run Iran blockade World
SiteLock

Archives

  • October 2026
  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • India’s IT exports: Deliver the code, chase the cash
  • Is Wetland Authority accountable to government or construction companies, asks Anbumani
  • TCS looks to quantum computing to solve complex ‘what if’ problems
  • AIADMK, BJP leaders slam TVK-led Tamil Nadu government over electricity purchase at high rate
  • Two arrested for attacking security guard with knife in Besant Nagar

Recent Comments

  1. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Manuelret on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. BrentWes on UP Teacher Who Asked Students To Slap Muslim Classmate
  • “If He Needed…”: Jasprit Bumrah Breaks Silence On Hardik Pandya Getting Booed In IPL
    “If He Needed…”: Jasprit Bumrah Breaks Silence On Hardik Pandya Getting Booed In IPL Sports
  • Access Denied
    Access Denied Nation
  • Access Denied Business
  • Trump’s Immigration Chiefs to testify in Congress following protester deaths
    Trump’s Immigration Chiefs to testify in Congress following protester deaths World
  • Short circuit triggers fire in Shahdara building; 9 rescued
    Short circuit triggers fire in Shahdara building; 9 rescued Nation
  • Access Denied World
  • Moderate rain in north A.P. barely enough to bridge deficit in State
    Moderate rain in north A.P. barely enough to bridge deficit in State Nation
  • Short circuit triggers fire in Shahdara building; 9 rescued
    Two held with suspected ganja Nation

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Associate Journalists
1. Subrata Paul - AN/2020/01
2. Quamruz Zaman - AN/2021/22
3. Ahmed Sha - AN/2021/035
4. Ajay Kumar Shaw - AN/2021/39
5. Tahqiqul Hoda - AN/2021/21

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.