A US court docket has postponed the in-person extradition listening to of Pakistani-origin Canadian businessman Tahawwur Rana, who’s searched for his involvement within the 2008 Mumbai terror assault, from April 22 to June 24.
US District Court Judge in Los Angeles Jacqueline Chooljian in her order on Monday moved the in-person extradition listening to of 59-year-old Rana to India to June 24.
The court docket’s order got here after a convention between Rana’s attorneys and people representing the US Government. During the convention, the 2 sides agreed to carry the in-person listening to of Rana on June 24 at 1.30 pm native Los Angeles time.
Meanwhile, Rana’s attorneys in further movement opposed his extradition to India.
“The government has not identified a single case since the founding of this country in which a person acquitted by an American jury has been extradited to a foreign country for trial on charges resting on the same conduct,” it stated in its 17-page new submission on Monday.
The US Government has time until April 12 to submit its response, if any. The US authorities to this point has supported the extradition of Rana to India.
Rana’s lawyer argued that the US authorities’s place boils all the way down to this: the time period “offense” within the India-US Extradition Treaty means no matter the federal government wants it to imply.
In Article 2, the twin criminality provision, the place the federal government wants the time period to have a broad which means, it refers to underlying conduct. In Article 6, it means “conduct” when wanted to attain a plea take care of Headley, and it means “elements” when wanted to extradite Rana.
“The Court should reject this “heads the federal government wins, tails Rana loses” approach. Applying ordinary tools of interpretation, it should hold that the term “offense” in Article 6 refers to the underlying conduct, and it should deny extradition,” it argued.
Rana, a childhood pal of David Coleman Headley, was re-arrested on June 10 in Los Angeles on an extradition request by India for his involvement within the Mumbai terror assault during which 166 individuals, together with six Americans, have been killed. He has been declared a fugitive by India.
Pakistani-American Lashkar-e-Taiba (LeT) terrorist 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.
As per the India-US Extradition Treaty, the Indian authorities has requested the formal extradition of Rana, and the United States has initiated this extradition continuing. The US Government has argued that Rana meets all the standards warranting certification of his extradition to India.
These are: the court docket has each private and material jurisdiction, there’s an extradition treaty between the United States and India that’s in full pressure and impact, and the crimes for which Rana”s extradition is sought are lined by the phrases of the treaty.
In his earlier court docket submission on February 4, Rana’s lawyer had argued that Rana’s extradition is barred beneath Article 6 of the United States-India extradition treaty as a result of he had beforehand been acquitted of the offences for which his extradition is sought, and beneath Article 9 of the treaty as a result of the federal government has not established possible trigger to consider that Rana dedicated the alleged offences.