NEW YORK, May 18: In a significant legal victory for India, a US court has approved the extradition of Pakistani-origin Canadian businessman Tahawwur Rana to India where he is sought for his involvement in the horrific 2008 Mumbai terror attacks.
The ruling comes just over a month before Prime Minister Narendra Modi travels to the US on his first state visit at the invitation of President Joe Biden. He will be hosted by President Biden and First Lady Jill Biden for a state dinner at the White House on June 22.
US Magistrate Judge Jacqueline Chooljian of the District Court of the Central District of California issued a 48-page order dated May 16, which was released Wednesday, saying 62-year-old Rana “should be extradited to India” under the extradition treaty between India and the United States.
“The court has reviewed and considered all of the documents submitted in support of and in opposition to the request and has considered the arguments presented at the hearing.
“Based on such review and consideration and for the reasons discussed herein, the court makes the findings set forth below, and certifies to the Secretary of State of the United States the extraditability of Rana on the charged offences that are the subject of the request,” the court order said.
Rana, who is currently in the federal lockup in downtown Los Angeles, can appeal in the Circuit Court, which will likely affirm the district court order. Under US law, Secretary of State is the authority who decides whether to surrender the fugitive.
The order noted that the court cannot certify Rana’s extradition unless there is probable cause to believe he committed the offences for which extradition is sought.
Citing its reasoning in detail, the order states: “Accordingly, the court finds there is probable cause to believe Rana committed the charged offences as to which extradition has been sought and should be extradited to India under the extradition Treaty between the United States and India.”
India had filed a complaint on June 10, 2020 seeking the provisional arrest of Rana with a view towards extradition. The Biden administration had supported and approved the extradition of Rana to India.(PTI)