This decisive move by the judge stands in direct opposition to the recommendations put forth by the government, which advocated against any suspension of Rana's extradition proceedings.
Defying the plea put forth by the Biden administration, a US court has taken the decisive step of halting the extradition process of Tahawwur Rana, a Canadian businessman of Pakistani origin, to India. The case involves his alleged involvement in the 2008 Mumbai terror attacks.
In response to a previous denial of the writ of habeas corpus by a US District Court in the Central District of California, Rana, aged 62, has taken his appeal to the Ninth Circuit Court.
The most recent development comes from District Judge Dale S Fischer of the US District Court in Central California, who has granted Rana's "ex parte application" requesting a pause on his extradition process.
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The order issued on August 18 by Judge Fischer said, "The extradition of Rana to India is temporarily halted until the conclusion of his appeal before the United States Court of Appeals for the Ninth Circuit."
This decisive move by the judge stands in direct opposition to the recommendations put forth by the government, which advocated against any suspension of Rana's extradition proceedings.
Tahawwur Rana is confronted with charges related to his alleged involvement in the Mumbai attacks and is notably linked to Pakistani-American terrorist David Coleman Headley, a key figure in the 26/11 Mumbai attacks conspiracy.
While the judge acknowledges that Rana's appeal does not offer a strong indication of his likelihood to succeed on the substantive grounds – had it been the case, the initial ruling might have favored him – the judge notes that Rana has raised significant legal queries that pertain to the merits of the case.
Notably, Judge Fischer pointed out that the interpretation of the term "offence" within Article 6(1) of the extradition treaty remains ambiguous, potentially leading to varied conclusions from different legal scholars. In this context, Rana's stance holds validity and is conceivably plausible upon closer examination, the judge observed.
Furthermore, the judge highlighted the confluence of the last two factors, particularly when the government stands as the opposing party. While recognizing the importance of adhering to India's extradition request, the judge underscored that Rana's extradition proceedings have extended beyond three years, suggesting a lack of undue haste thus far. In fact, the public interest, if weighed, seems to align with Rana's side.
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The judge asserted, "The public vested interest resides in accurately construing extradition treaties, particularly the clauses that confer vital individual safeguards, such as the one under consideration here. Additionally, a strong public interest exists in definitive, binding treaty interpretations, a task beyond the scope of district courts but well within the purview of appellate courts."
With this perspective, Judge Fischer effectively transferred the legal fray to the jurisdiction of the Ninth Circuit Court.
Addressing Rana's predicament, the judge acknowledged the potential for significant, irreparable harm unless a stay is granted. The impending extradition to India, involving serious charges, entails a trial without a chance for revisiting his arguments or a possibility of returning to the United States. While the government acknowledges this scenario, it counters that the claimed irreparable harm pertains universally to any fugitive seeking a stay of extradition during an appeal, thus dismissing its significance, as per the judge's summation.
In the harrowing events of the 2008 Mumbai terror attacks, a grim toll of 166 lives, among them six Americans were killed. During this horrifying episode, a group of 10 Pakistani terrorists embarked on a relentless 60-hour assault, targeting and claiming lives at significant and symbolic sites across Mumbai.
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