Washington, August 17, 2024 – In a significant setback for Tahawwur Rana, a Pakistani-origin Canadian businessman sought by India for his alleged role in the 2008 Mumbai terror attacks, the US Court of Appeals for the Ninth Circuit has ruled that he is extraditable to India under the existing extradition treaty between the two nations.
The ruling, delivered by a panel of three judges—Milan D. Smith, Bridget S. Bade, and Sidney A. Fitzwater—affirmed the decision of the District Court in the Central District of California, which had previously denied Rana’s habeas corpus petition. Rana had challenged the magistrate judge’s certification of his extradition to India, citing the Non Bis in Idem (double jeopardy) exception under the treaty.
The court ruled that the treaty’s provisions allow Rana’s extradition, as the charges in India involve distinct elements separate from those for which Rana was acquitted in the United States. The panel rejected Rana’s argument that the double jeopardy clause should prevent his extradition, emphasizing that the term “offence” in the treaty refers to a charged crime rather than underlying acts.
Rana was previously tried and convicted in the US for providing material support to a terrorist organization involved in planning attacks in Denmark, though he was acquitted of charges related to the Mumbai attacks. After serving seven years in prison, India requested his extradition to face trial for his alleged involvement in the 2008 attacks.
Despite this ruling, Rana retains the option to appeal, and his legal battle against extradition may continue.
