WASHINGTON: A US court has postponed the in-particular person extradition hearing of Pakistani-origin Canadian businessman Tahawwur Rana, who’s searched for his involvement within the 2008 Mumbai terror assault, from April 22 to June 24.
US district court decide in Los Angeles Jacqueline Chooljian in her order on Monday moved the in-particular person extradition hearing of 59-yr-outdated Rana to India to June 24.
The court’s order got here after a convention between Rana’s legal professionals and people representing the US authorities. During the convention, the 2 sides agreed to maintain the in-particular person hearing of Rana on June 24 at 1.30pm native Los Angeles time.
Meanwhile, Rana’s attorneys in further movement opposed 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 stated in its 17-web page new submission on Monday.
The US authorities has time until April 12 to submit its response, if any. The US authorities to date has supported the extradition of Rana to India.
Rana’s legal professional argued that the US authorities’s place boils down to this: the time period “offence” within the India-US Extradition Treaty means no matter the federal government wants it to imply.
In Article 2, the twin criminality provision, the place the federal government wants the time period to have a broad that means, it refers to underlying conduct. In Article 6, it means “conduct” when wanted to obtain a plea cope with (*22*), and it means “elements” when wanted to extradite Rana.
“The court should reject this “heads the federal government wins, tails Rana loses” approach. Applying ordinary tools of interpretation, it should hold that the term “offence” in Article 6 refers to the underlying conduct, and it should deny extradition,” it argued.
Rana, a childhood good friend of David (*24*) (*22*), was re-arrested on June 10 in Los Angeles on an extradition request by India for his involvement within the Mumbai terror assault wherein 166 individuals, together with six Americans, had been killed. He has been declared a fugitive by India.
Pakistani-American Lashkar-e-Taiba (LeT) terrorist (*22*) was concerned in plotting the 2008 Mumbai terror assault. He was made an approver within the case, and is at present serving a 35-yr jail time period within the US for his position within the assault.
As per the India-US Extradition Treaty, the Indian authorities has requested the formal extradition of Rana, and the United States has initiated this extradition continuing. The US authorities has argued that Rana meets all the standards warranting certification of his extradition to India.
These are: the court has each private and subject material jurisdiction, there’s an extradition treaty between the United States and India that’s in full pressure and impact, and the crimes for which Rana’s extradition is sought are coated by the phrases of the treaty.
In his earlier court 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 beforehand been acquitted of the offences for which his extradition is sought, and beneath Article 9 of the treaty as a result of the federal government has not established possible trigger to consider that Rana dedicated the alleged offences.