Tahawwur Rana, a Pakistani-origin Canadian businessman sought by India for his involvement in the 2008 Mumbai terror attacks, is extraditable under the provisions of the US-India extradition treaty, according to a US attorney.
Assistant US Attorney and Criminal Appeals Chief Bram Alden made this assertion during a closing argument before the US Court of Appeals for the Ninth Circuit. Rana has appealed against a US District Court order in California that denied his writ of habeas corpus.
In May, Rana, 63, filed the writ challenging the court order that supported the US government’s request for his extradition to India for his alleged role in the 2008 Mumbai terror attacks.
“Rana is extraditable to India under the plain provisions of the treaty, and India has established probable cause to prosecute him for his role in terrorist attacks that resulted in 166 deaths and 239 injuries,” Alden stated.
In his June 5 deposition before the court, Alden, who left his position last week, explained that both India and the United States agreed on the treaty provision, specifically the non-bis provision in Article 6-1. “Both parties have now stated what they intended, that that provision be interpreted based on the elements of the offense and not based on the conduct underlying those crimes. That is consistent with long-standing Supreme Court double jeopardy precedent,” he argued.
Rana, currently imprisoned in Los Angeles, faces charges related to the Mumbai attacks and is known to be associated with Pakistani-American terrorist David Coleman Headley, a key conspirator in the 26/11 attacks.
Rana has not argued that he cannot show that the elements India seeks to prosecute him for are the same as those for which he was prosecuted in Chicago, Alden noted. Representing Rana, attorney John D. Cline contended that there is no competent evidence supporting probable cause.
Alden countered, saying the evidence overwhelmingly supports probable cause, showing that Rana knew about the planned attacks in India between 2006 and 2008. “He met with (David) Headley multiple times.
There is documentary evidence that supports Headley’s testimony, including the fake visa applications that were provided so that Headley could operate a fraudulent business in India in order to conduct surveillance, in order to carry out those terrorist attacks,” Alden explained.
“There was a phone call, of course, after the fact where Rana said that he was informed about what was going on by one of their co-conspirators in Pakistan. And his praise for what was carried out in a gruesome terrorist attack that killed 166 people, injured 239 more, and cost India USD 1.5 billion,” Alden added.
The attacks targeted the Taj Mahal Hotel, various bars, restaurants, and the Chabad House, among other locations in Mumbai. “It was their 9/11,” Alden said. “It was a devastating attack over the course of multiple days that resulted in 166 deaths, including six Americans.”
“That is why India wants to prosecute this case and, under the extradition treaty, has every right to do so,” Alden asserted. He added that any humanitarian concerns or process issues, including the fact that Rana faces extradition, could be raised to the Secretary of State.
Representing Rana, Cline argued that the central question is whether the “non bis in idem provision” in the US-India extradition treaty, the double jeopardy provision, permits the extradition of a man who was acquitted by an American jury for prosecution in a foreign country on the same conduct.
“That’s the question here. The answer to that question is no, and the answer is no for four principal reasons,” Cline said, listing the provisions.
The 2008 Mumbai terror attacks resulted in the deaths of 166 people, including six Americans, as 10 Pakistani terrorists carried out a more than 60-hour siege, targeting iconic and vital locations in Mumbai.