In a significant legal development, the US Court of Appeals for the Ninth Circuit has ruled that Pakistani-origin Canadian businessman Tahawwur Rana is extraditable to India. Rana is sought by Indian authorities for his alleged involvement in the 2008 Mumbai terror attacks. This ruling is a major setback for Rana, who had been fighting his extradition.
Court Ruling on Extradition
On August 15, 2024, the US Court of Appeals for the Ninth Circuit upheld a lower court’s decision, confirming that Rana can be extradited to India under the existing extradition treaty between the two countries. The court dismissed Rana’s appeal against his extradition, affirming that the treaty permits his extradition for the crimes he is accused of committing in India.
The court’s decision came after a panel of three judges — Milan D. Smith, Bridget S. Bade, and Sidney A. Fitzwater — reviewed the case. They concluded that the charges against Rana in India are distinct from those for which he was previously acquitted in the United States. This means the treaty’s “Non Bis in Idem” (double jeopardy) clause, which protects individuals from being tried for the same crime twice, does not apply in this case.
Background and Legal Arguments
Rana, who was tried in a US district court for providing material support to a terrorist organization, was acquitted of charges related to the 26/11 Mumbai attacks but convicted on separate charges. In his appeal against extradition, Rana argued that the treaty’s double jeopardy clause should protect him from being extradited for crimes he was already acquitted of in the US.
However, the US government argued, and the court agreed, that the term “offense” in the treaty refers to specific charged crimes, not the underlying acts. Therefore, since the charges in India have distinct elements from those in the US, the treaty allows for his extradition.
Next Steps and Legal Options
Despite the court’s ruling, Rana still has the option to appeal against this decision. However, the ruling marks a significant step towards his extradition to India, where he is wanted for his alleged role in the planning and execution of the 2008 Mumbai terror attacks.
The case continues to be closely watched, as it could set a precedent for future extradition cases involving terrorism charges between the US and India. The Indian government has expressed its determination to bring Rana to justice for his alleged involvement in one of the deadliest terror attacks in the country’s history.
