In a major victory for India’s fight in bringing the perpetrators of the 26/11 Mumbai attacks to justice, a US court approved 62-year-old Rana’s extradition to India in May. Currently, Rana is detained at the Metropolitan Detention Centre in Los Angeles. 

Rana, in June this year, filed a “writ of habeas corpus” challenging the court order that acceded to the request of the US government that the 2008 Mumbai terror attacks accused be extradited to India, according to PTI reports. 

Judge Dale S Fischer, United States District Judge, Central District of California, wrote in his order on August 10 said, “The court has denied Tahawwur Rana’s petition for writ of habeas corpus by a separate order.”

However, Rana has filed an appeal against the order and sought a stay on his extradition to India till the time his appeal in the Ninth Circuit Court is heard. He is facing charges for his role in the 26/11 terror attack in Mumbai. 

Judge Fischer in his order said Rana has only made two basic arguments in the writ.

“Given that, even if (David) Headley’s testimony were the entire basis for the probable cause finding, it would be sufficient for the purposes of habeas review because it constitutes some competent evidence supporting the finding. For the reasons stated above, Rana’s petition for a writ of habeas corpus is denied,” the judge wrote in his order. 

On June 10, 2020, India filed a complaint seeking the provisional arrest of Rana with a view towards extradition. The Biden administration had supported and approved the extradition of Rana to India.

“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,” Judge Jacqueline Chooljian, US Magistrate Judge of the US District Court Central District of California, said in a 48-page court order dated May 16.

India’s National Investigation Agency (NIA) is probing into his role in the 26/11 attacks carried out by Pakistan-based Lashkar-e-Taiba terrorists in 2008. 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, attacking and killing people at iconic and vital locations of Mumbai.

(With PTI inputs)

Updated: 18 Aug 2023, 10:45 AM IST