Pakistani-Canadian Tahawwur Rana, accused in 26/11 attack, cleared for extradition to India by US Court

A US court has granted the Indian government’s request, made through the US Government, to extradite Tahawwur Rana, a Canadian businessman of Pakistani origin, to India. Rana is wanted in India for his involvement in the 2008 Mumbai terror attack. India submitted the extradition request on June 10, 2020, asking for Rana to be temporarily detained in order to be extradited. The extradition was endorsed and given approval by the Biden administration, and the court order, which was issued on May 16, upheld the findings and certified Rana’s extraditability for the crimes involved in the request.

India’s National Investigation Agency (NIA) is conducting an investigation into Rana for his involvement in the 2008 terror attacks in Mumbai carried out by the Pakistan-based terrorist group Lashkar-e-Taiba. Rana was detained in the United States after India requested his extradition. To bring Rana to India, the NIA is prepared to launch diplomatic negotiations.

Attorneys for the US Government claimed in court that Rana knew of the affiliation between Lashkar-e-Taiba and his childhood companion, Pakistani-American David Coleman Headley. They asserted that Rana supported the terrorist group by aiding Headley’s actions and providing cover for them. According to the US authorities, Rana knew of Headley’s gatherings, conversations, and preparation for the assaults, including the targets chosen. They asserted that Rana was part of the conspiracy and had probable cause to be charged with committing a terrorist act. On the other hand, the extradition was opposed by Rana’s defence attorney.

The Mumbai terror attack

166 people were killed in the 2008 Mumbai terrorist attacks, including six Americans. Ten Pakistani terrorists carried out the attacks over the course of a more than 60-hour siege, killing victims at Mumbai landmarks. Federal prosecutors claimed that there was enough evidence to meet the requirements for murder because the conspirators’ actions were intentional acts meant to cause death.

How is the extradition possible?

The judge determined that Rana’s extradition is covered under a treaty that governs extradition between India and the United States. Rana has been charged by India with a number of offences, including conspiracy to wage war, murder, and participating in terrorist activities. The judge came to the conclusion that the alleged crimes are extraditable in accordance with the treaty and are within India’s purview.

The judge found sufficient adequate proof to prove probable cause that Rana is the person charged in India and sought extradition. As a result, Rana will stay in the custody of the United States Marshal until the Secretary of State makes a final decision on extradition and surrender to India for trial on the approved charges, as ordered by the judge.