US Federal Court Allows Mumbai Terror Attacks Accused Tahawwur Rana More Time To File Motion Against Extradition

The US Court of Appeals for the Ninth Circuit agreed to Tahawwur Rana's request for more time to file his motion which was initially set for October 10.

Tahawwur Rana’s brief is now due on November 9.

Source : PTI

Tahawwur Rana, who faces trial for his involvement in the 2008 Mumbai terror attacks, has been granted more time to file motion against his extradition to India by a United States federal court. Rana is known to be associated with David Coleman Headley, the Pakistani-American terrorist, one of the main conspirators of the 26/11 strikes. Rana faces multiple charges for his role in the attack. According to a PTI report, the US Court of Appeals for the Ninth Circuit agreed to his request for more time to file his motion which was initially set for October 10.

He appealed before the court in August against an order by a US District Court in the Central District of California that denied the writ of habeas corpus. On August 18, the court granted Rana’s motion for a stay of extradition so that his appeal could be heard by the US Court of Appeals.

Rana’s brief is now due on November 9 and the government’s answer will be due on December 11, 2023, as per PTI.

Earlier, the Ninth Circuit Court asked Rana to submit his argument before October 10 for which the US government would have responded by November 8. The judge wrote that Rana has shown that would likely suffer irreparable harm absent a stay.

While the US government admits he will be extradited to India for a trial on serious crimes with no hope for a review of his arguments or hope for his return to the country. But then argues that because “this claimed irreparable harm applies categorically to any fugitive who seeks a stay of extradition pending appeal,” it does not count, the judge had said.

‘Failed To Show Possibility Of Reversal’

According to PTI, US attorney John J Lulejian who appealed before the court to deny his ex parte application for stay of extradition pending appeal and argued it would would cause “unwarranted delay” in the United States’ fulfilment of its obligations to India which will damage its credibility in the internationally and impair its ability to obtain the cooperation of foreign nations in bringing United States fugitives to justice. He further said that Rana has failed to demonstrate that he is likely to obtain a reversal of this Court’s decision in the Ninth Circuit.

Rana in his ex parte application for stay made no showing that he is likely to succeed on the merits of his appeal, Lulejian argued. He simply stated that he seeks a stay “to permit his non-bis in idem argument to be heard by the court of appeals.”

Meanwhile, the National Investigation Agency (NIA) probing Rana's role in the 26/11 attacks carried out Pakistan-based Lashkar-e-Taiba group. The NIA has said that it is ready to initiate proceedings to bring him to India through diplomatic channels.

A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege.