26/11: Biden admin proposes US courtroom to extradite fugitive Tahawwur Rana to India

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WASHINGTON: The Biden administration has urged a federal courtroom in Los Angeles to extradite Pakistani-origin Canadian businessman Tahawwur Rana to India the place he’s hunted for his involvement within the 2008 Mumbai terror assault.

Rana, 59, has been declared a fugitive by India, the place he’s dealing with a number of felony expenses for his involvement within the 2008 Mumbai terror assault during which 166 individuals, together with six People, had been killed.

He was rearrested on June 10, 2020, in Los Angeles on an extradition request by India In a submission earlier than the US District Court docket, Central District of California in Los Angeles, the US authorities argues that India’s extradition request incorporates enough proof of possible trigger on every of the felony expenses for which India seeks Rana’s extradition.

“Having discovered that all the necessities for certification of extradition have been glad, the Court docket certifies the extradition of Tahawwur Hussain Rana to the Secretary of State and commits him to custody pursuant,” in line with a draft order proposed by the US legal professional in his submission earlier than the courtroom final week.

“Primarily based on the proof submitted by India, Rana allowed fraud towards the Indian authorities to happen by way of the creation and submission of solid paperwork. The aim behind such fraud is irrelevant below the Indian felony provisions,” stated the doc titled proposed findings of information and conclusions of regulation.

Rana is needed by the Indian authorities for his alleged involvement within the lethal assaults which can be typically known as India’s 9/11.

An Indian warrant for his arrest was issued in August 2018.

Indian authorities allege that Rana conspired along with his childhood good friend David Coleman Headley to help the Pakistani terror group Lashkar-e-Taiba (LeT), or Military of the Good, within the orchestration of the 2008 terror assaults in Mumbai.

“In any occasion, Rana knowingly allowed Headley to acquire the enterprise visa and the duvet that he wanted to conduct terrorism-related surveillance operations in India, finally resulting in the three-day terrorist assaults in Mumbai. Accordingly, the Court docket finds there may be possible trigger that Rana conspired to forge a doc for the aim of dishonest and use a solid doc as real, in violation of IPC 120B, 468, and 471,” it stated.

In accordance with the courtroom doc, the proof establishes that the Mumbai assaults had been dedicated by LeT, a terrorist organisation focusing on India.

Thus, an assault on Indian soil, particularly one that may lead to mass casualties, accidents, and injury to property, would strike terror within the Indian individuals.

Rana was conscious that Headley was concerned with LeT, and that by aiding Headley and affording him a canopy for his actions, he was supporting the terrorist organisation and its associates.

Rana knew of Headley’s conferences, what was mentioned, and the planning of the assaults, together with a few of the targets.

Additional, it was foreseeable that these assaults would result in loss of life, harm, and destruction of property,” it stated.

“Accordingly, this Court docket finds that there’s possible trigger that Rana dedicated the crimes of conspiracy with the article of committing a terrorist act, in violation of IPC 120B and UAPA 16, and conspiracy to commit a terrorist act, in violation of UAPA 18. The courtroom additional finds that below an company idea or an abetting idea (as contemplated by UAPA 16), there may be possible trigger that Rana dedicated the substantive crime of fee of a terrorist act in violation of UAPA 16,” stated the doc submitted by the US legal professional.

India has charged forgery for functions of dishonest, in violation of IPC 468, as an object of the alleged felony conspiracy.

India additionally charged the crime of utilizing as real a solid doc or digital report, in violation of IPC 471, as an object of the alleged felony conspiracy.

The doc stated that the proof establishes that Rana conspired with Headley to offer false info on a number of paperwork submitted to the Indian authorities.

“In 2006 and 2007, Rana conspired with Headley to incorporate false info on Indian authorities paperwork, in order that Headley might receive enterprise visas (a one-year and a five-year a number of entry) as an alleged worker of Rana’s enterprise. On each events, Rana reviewed Headley’s functions and didn’t appropriate info Rana knew to be false,” it stated.

Rana additionally had the Immigrant Regulation Heart, by way of his unsuspecting enterprise accomplice, submit the functions to the Indian Consulate.

RANA additionally allowed his enterprise to use to the Reserve Financial institution of India, whereas falsely claiming it wished to open an workplace in Mumbai with Headley serving because the enterprise’s ‘Workplace Head'”, it stated.

However, Rana’s legal professional of their proposed draft order is against the extradition.

“The Court docket finds that the federal government has not glad the requirement of Article 9(3)(c) of the Treaty {that a} request for extradition be supported by such info as would justify the committal for trial of the individual if the offense had been dedicated within the Requested State,” it stated. Extradition is due to this fact denied,” says Rana’s proposed findings of information and conclusions of regulation.

Each the paperwork had been submitted earlier than the courtroom on July 15.

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