A US court docket has postponed the in-person extradition listening to of Pakistani-origin Canadian businessman Tahawwur Rana, who’s looked 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 the ones representing america Government. During the convention, the 2 aspects agreed to carry the in-person listening to of Rana on June 24 at 1.30 pm native Los Angeles time.
Meanwhile, Rana’s lawyers in more movement adversarial 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 mentioned in its 17-page new submission on Monday.
The US Government has time until April 12 to put up its reaction, if any. The US Government to this point has supported the extradition of Rana to India.
Rana’s legal professional argued that america govt’s place boils all the way down to this: the time period “offense” within the India-US Extradition Treaty approach regardless of the govt wishes it to imply.
In Article 2, the twin illegal activity provision, the place the federal government wishes the time period to have a extensive which means, it refers to underlying behavior. In Article 6, it approach “conduct” when wanted to succeed in a plea take care of Headley, and it approach “elements” when had to extradite Rana.
“The Court should reject this “heads the government wins, tails Rana loses” way. Applying abnormal equipment of interpretation, it must hang that the time period “offense” in Article 6 refers back to the underlying behavior, and it must deny extradition,” it argued.
Rana, a youth good friend of David Coleman Headley, used to be re-arrested on June 10 in Los Angeles on an extradition request by way of India for his involvement within the Mumbai terror assault during which 166 folks, together with six Americans, have been killed. He has been declared a fugitive by way of India.
Pakistani-American Lashkar-e-Taiba (LeT) terrorist Headley used to be considering plotting the 2008 Mumbai terror assault. He used to be made an approver within the case, and is recently serving a 35-year jail time period in america for his position within the assault.
As in step with the India-US Extradition Treaty, the Indian govt has asked the formal extradition of Rana, and the United States has initiated this extradition continuing. The US Government has argued that Rana meets the entire standards warranting certification of his extradition to India.
These are: the court docket has each non-public and material jurisdiction, there’s an extradition treaty between the United States and India this is in complete pressure and impact, and the crimes for which Rana’s extradition is sought are coated by way of the phrases of the treaty.
In his earlier court docket submission on February 4, Rana’s legal professional had argued that Rana’s extradition is barred beneath Article 6 of the United States-India extradition treaty as a result of he had prior to now been acquitted of the offences for which his extradition is sought, and beneath Article 9 of the treaty since the govt has no longer established possible motive to consider that Rana dedicated the alleged offences.