US court stays extradition on 26/11 accused Rana
August 22, 2023 09:25
Overriding the Biden administration's appeal, a United States court has ordered a stay on the extradition of Pakistani-origin Canadian businessman Tahawwur Rana, to India where he is facing a trial for his involvement in the 2008 Mumbai terror attack.
Rana, 62, has appealed before the Ninth Circuit Court against the order by a US District Court in the Central District of California that denied the writ of habeas corpus.
District Judge Dale S. Fischer of the US District Court in Central California in his latest order said that Rana's "ex parte application" seeking a stay on his extradition is granted.
"The extradition of Rana to India is stayed pending the conclusion of his appeal before the United States Court of Appeals for the Ninth Circuit," Judge Fischer said in the order issued on August 18.
In doing so the judge overrode the government's recommendations that there should be no stay on Rana's extradition.
Rana faces charges for his role in the Mumbai attacks and is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 Mumbai attacks.
While the Court does not find that Rana "has made a strong showing that he is likely to succeed on the merits" -- otherwise the Court would have ruled in his favour in the first instance -- he has certainly raised serious legal questions going to the merits, the judge wrote.
"The proper meaning of "offence" in Article 6(1) of the extradition treaty is not clear and different jurists could come to different conclusions. Rana's position is certainly colourable and could very well be found to be correct on appeal," the judge noted.
"The final two factors "merge when the Government is the opposing party." There is value in compliance with India's extradition request, but Rana's extradition proceedings have been going on for more than three years, which suggests that the process has not been rushed so far. Otherwise, the public interest, if anything, favours Rana," the judge wrote.
"The public has a strong interest in the proper interpretation of extradition treaties, particularly in the interpretation of provisions that provide important individual protections like the one at issue here. Further, there is a strong public interest in definitive, binding interpretations of treaties. District courts cannot provide those rulings; courts of appeals can," the judge wrote, throwing the legal battle to the Ninth Circuit Court now.
The US Court of Appeals for the Ninth Circuit has asked Rana to submit his argument before October 10 and the US Government has been asked to submit its response by November 8. -- PTI
TOP STORIES
© 2024 Rediff.com - Investor Information - Advertise with us - Disclaimer - Privacy Policy - Feedback - About us - Terms of use - Grievances