Mumbai Terror Attack: Lawyer Says US Can Extradite Tahawwur Rana, Not David Headley. Here's Why

Mumbai terror assault plotter Tahawwur Rana (L) and convict David Coleman Headley (R)


Mumbai terrorist assault convict David Headley can’t be extradited to India, however Pakistani-origin Canadian businessman and co-conspirator Tahawwur Rana faces extradition, a US lawyer has instructed a federal court docket whereas opposing his bail plea.

Rana, 59, a childhood pal of David Coleman Headley, was not too long ago rearrested on June 10 in Los Angeles on an extradition request by India for his involvement within the 2008 Mumbai terror assault through which 166 folks, together with six Individuals, have been killed. He’s a declared fugitive in India.

In accordance with the federal prosecutors, between 2006 and November 2008, Rana conspired with Headley, also called “Daood Gilani”, and others in Pakistan to help Lashkar-e-Taiba (LeT) and Harakat ul-Jihad-e-Islami, each US-designated terrorist organisations, to plan and perform the Mumbai terrorist assaults.

Pakistani-American LeT terrorist David Headley was concerned in plotting the 2008 Mumbai terror assault. He was made an approver within the case, and is at the moment serving a 35-year jail time period within the US for his position within the assault.

The US is but to file India’s request for Rana’s extradition, however is anticipated to do it quickly. It’s evident that the offences for which Rana was tried within the Illinois court docket will differ from the Indian offences talked about within the criticism.

Rana in his defence has argued that US’s resolution to not extradite his co-conspirator, Headley, to India is inconsistent and bars his extradition.

Nonetheless, Assistant US Legal professional John J Lulejian instructed a federal court docket in Los Angeles on Friday that in contrast to Rana, Headley instantly accepted duty for his conduct and pleaded responsible to all the expenses within the Superseding Indictment.

“As a result of Headley fulfilled the required phrases, the plea settlement established that Headley wouldn’t be extradited to India. Rana’s scenario is completely different as a result of he neither pleaded responsible nor cooperated with the USA.”

“In consequence, he’s unable to avail himself of the advantages afforded to Headley by way of his negotiated plea. Thus, he can not complain that he faces extradition, whereas his co-defendant doesn’t,” the US lawyer mentioned.

Rana’s bail software is due for listening to subsequent week. Early this week, his lawyer instructed the court docket that the 26/11 convict is just not a flight danger and has proposed a USD 1.5 million bond for his launch.

“Rana must be launched on a sturdy bond: secured by roughly USD 1.5 million in property pledged by household and mates and underneath the supervision of his daughter, Lemaan Rana, a matriculating medical pupil and Ph.D. candidate,” Amy Karlin, the Interim Federal Public Defender, mentioned within the court docket submission on behalf of Rana.

India seeks his arrest on a lot of offences, together with the conspiracy to commit homicide, conspiracy to commit forgery for the aim of dishonest, and homicide underneath related sections of the Indian Penal Code (IPC). He’s looked for his position in 2008 terrorist assaults in Mumbai.

The US lawyer urged the court docket to proceed his detention pending the extradition proceedings to India. Describing Rana as a flight danger, the lawyer mentioned that it doesn’t matter what bond bundle he provides, Rana poses an unacceptable flight danger.

If the US extradites Rana to India and he’s convicted of the costs, he could also be eligible for the dying penalty. Given what’s at stake, Rana has an excessive incentive to flee and keep away from going through these extradition proceedings, Lulejian mentioned.

“He might accomplish this by going into hiding throughout the US, however he has a selected incentive to go to a different nation that will not extradite him with out assurances from India that it’s going to not search, impose or perform the dying penalty,” the lawyer argued.

If Rana have been to flee to Canada, his extradition from Canada to the US would take years and would require substantial assets by the governments of each Canada and the USA, and there’s no assure that Canada would in the end grant that extradition request, he mentioned.

Nonetheless, even when Canada granted the request from the US, the phrases of the US-Canada extradition treaty would prohibit the US from extraditing Rana to a 3rd nation, reminiscent of India, until Canada granted its consent to take action, Mr Lulejian mentioned.

Not solely does Rana have an incentive to flee, however he has quite a few worldwide connections who will help facilitate his flight, he instructed the court docket.

Rana ran a global immigration enterprise for a few years in Chicago, which allowed him to develop skilled and private relationships world wide.

“Furthermore, he was convicted of plotting an assault with and offering materials help to a global terrorist organisation primarily based in Pakistan. These worldwide connections improve Rana’s flight danger as a result of they’ll present the means to flee this jurisdiction and doubtlessly keep away from extradition to India,” Mr Lulejian added.

The 2008 Mumbai assault was considered one of India’s most horrific terrorist assaults through which 166 folks have been killed and over 300 injured as 10 heavily-armed terrorists from Pakistan created mayhem.

Pakistani terrorist Mohammed Ajmal Kasab, the lone terrorist captured alive, was hanged to dying on November 21, 2012.

(Apart from the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)


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