Mumbai terror attack: US court stays Tahawwur Rana’s extradition

The US court has ordered a stay on the extradition of Pakistani-origin Canadian businessman Tahawwur Rana to India, rejecting the appeal of the country’s President Joe Biden’s administration. Rana is facing trial in India for his involvement in the 2008 Mumbai terror attack. Rana (62) has appealed to the ‘Ninth Circuit Court’ against the order of the US District Court in the Central District of California, in which the habeas corpus writ petition was dismissed. U.S. District Court for Central California Judge Dale S. Fischer, in his recent order, said that his “ex parte application” seeking stay on Rana’s extradition is allowed. In an order issued on August 18, Judge Fischer said, “Pending a decision on Rana’s appeal pending before the US Court of Appeals for the Ninth Circuit, his extradition to India is stayed.”

The judge rejected the government’s recommendations that there should be no stay on Rana’s extradition. Rana is facing charges over his role in the Mumbai attacks and is believed to have links with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 Mumbai attacks. The proper meaning of ‘offence’ in Article 6(1) of the Extradition Treaty is not clear and different jurists may draw different conclusions, the judge said. Rana’s position is definitely worth considering and it may be found correct in the appeal hearing.