US okays extradition of Tahawwur Rana to India: What role did he play in 26/11?
It was one of the most audacious terror attacks on Indian soil. On 26 November 2008, 10 Lashkar-e-Taiba (LeT) terrorists went on a rampage in Mumbai, bombing the most prominent places in the country’s financial capital. killing 166 people and injuring 300. While nine attackers were killed, almost fifteen years on, India awaits its chance to bring the perpetrators to justice. Now a United States court has consented to the request for the extradition of Pakistani-origin Canadian businessman Tahawwur Rana for his involvement in the 26/11 terror attacks.
On 10 June 2020, India filed a complaint seeking the provisional arrest of the 62-year-old Rana so that he could be extradited. The Biden administration supported and approved the extradition of Rana to India, according to a report by news agency PTI.
A 48-page court order dated May 16 approving the extradition by Judge Jacqueline Chooljian, US Magistrate Judge of the US District Court Central District of California was released on Wednesday.
Rana was arrested in the US on an extradition request by India for his role in the Mumbai massacre. We take a look at how he helped in plotting the attacks, how the Indian government has been persistent in its attempt to bring him to the country and what happens next.
Who is Tahawwur Rana?
Rana, 62, studied at the Hasan Abdal Cadet School in Pakistan, following which he served as a doctor in the Pakistan Army. It has been learnt that while in school he became friends with a certain David Headley — also known as Daood Gilani — who was later convicted of planning the 2008 Mumbai terror attacks.
Rana then moved to Canada in 1997 and was eventually granted citizenship. He went on to establish a consultancy firm called First World Immigration Services in Chicago. As per investigations, it was a branch of this business in Mumbai that provided Headley with the perfect cover to identify and survey potential targets for the LeT to carry out the attacks.
In October 2009, Rana was arrested by the American police on the charges of plotting the 26/11 attacks. Based on Headley’s statement, he was sentenced to 14 years in prison, followed by five years of supervised release.
What was Rana’s role in the 26/11 attacks?
After his arrest, Rana admitted to knowing that the LeT was a terrorist organisation and that his ‘childhood friend’ David Headley had attended training camps organised by the group in Pakistan.
As per a US document, Headley had received instructions from Lashkar in late 2005 to travel to India and conduct surveillance. The document adds that in early 2006, Headley then along with two Lashkar members discussed opening an immigration office in Mumbai as a cover for his activities.
Also read: 26/11: A reminder that counter-terrorism needs a ‘whole of nation’ approach
US authorities have stated that Headley then informed Rana of the assignment and they decided that they would use Rana’s First World Office as a cover.
“Rana then directed an individual associated with First World to prepare documents supporting Headley’s cover story and advised Headley how to obtain a visa for travel to India, according to Headley’s testimony, as well as e-mails and other documents that corroborated his account,” it said.
Rana also provided financial support to Headley, paying him Rs 67,605 in October 2006, $500 in November 2006, Rs 17,636 a few days later, and $1,000 in December 2006.
What do we know about India’s request for extradition?
In June 2020, Rana was re-arrested in Los Angeles on an extradition request by India for his involvement in the Mumbai terror attacks, soon after he had been released from prison on health grounds. A year on, in July, the United States administration requested a federal court in Los Angeles to extradite Pakistani-origin Canadian terrorist Tahawwur Rana to India.
This was opposed by Rana arguing that he has previously been acquitted of the offences for which his extradition is sought.
In a submission before the US District Court, Central District of California in Los Angeles, the Biden administration, however, argued that the extradition request filed by Indians has necessary evidence on each of the criminal charges for which India seeks Rana’s extradition. The submissions to the court by the Biden administration said that based on the evidence submitted by India, Tahawwur Rana committed fraud against the Indian government through the creation and submission of forged documents.
Now, a US court has consented to the request for extradition.
“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, which was released Wednesday.
“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 judge wrote.
What does India’s extradition treaty with the US say?
India has an extradition treaty with the US. According to the US-India treaty, extradition shall not be granted if the offence for which extradition is requested is a political offence.
The treaty also states that all requests for extradition shall be submitted through the diplomatic channel and be supported by required documents, statements, information describing the facts of the offence, statements of the relevant provisions of the law regarding the offence as well as the punishment, a copy of the warrant or the order of arrest, and such information as would justify the committal for trial of the person in the requested state.
In 2018, the Ministry of External Affairs said that it had been able to secure the return of 66 fugitives since 2002 — nine of them from the US.
What happens next?
India has issued an arrest warrant and charged Rana with the following offences on which the US is proceeding: (a) conspiracy to wage war, to commit murder, to commit forgery for the purpose of cheating, to use as genuine a forged document or electronic record, and to commit a terrorist act (b) waging war, (d) murder, (e) committing a terrorist act and (f) conspiracy to commit a terrorist act, the US judge said.
“The foregoing charged offences constitute extraditable offences within the meaning and scope of the Treaty and over which India has jurisdiction,” the judge ruled.
According to the court, there was sufficient evidence that Rana committed the aforementioned offences for which extradition has been sought.
“It is therefore ordered that Tahawwur Hussain Rana be and remain committed to the custody of the United States Marshal pending a final decision on extradition and surrender by the Secretary of State to India for trial of the offences as to which extradition has been granted pursuant to Title 18, United States Code, section 3186 and the Treaty,” the judge ruled.
With inputs from agencies
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