India has been seeking Rana’s extradition since he is wanted for his role in the deadly Mumbai attacks. Rana, a Canadian citizen of Pakistani descent, has already faced legal setbacks in multiple courts, including the US Court of Appeals for the Ninth Circuit in San Francisco.
Tahawwur Rana, convicted for his involvement in the 2008 Mumbai terrorist attacks, is facing a final legal battle to avoid being extradited to India. His attorney has urged the United States Supreme Court to review the decision made by lower courts, citing the principle of double jeopardy. This principle prevents a person from being tried or punished twice for the same offence, which Rana claims applies in his case.
India has been seeking Rana’s extradition since he is wanted for his role in the deadly Mumbai attacks. Rana, a Canadian citizen of Pakistani descent, has already faced legal setbacks in multiple courts, including the US Court of Appeals for the Ninth Circuit in San Francisco.
Despite these losses, he filed a “petition for a writ of certiorari” to the US Supreme Court on November 13, asking it to reconsider the lower court’s decision and prevent his extradition to India.
On December 16, US Solicitor General Elizabeth B. Prelogar recommended that the Supreme Court reject Rana’s petition, but Rana’s lawyer, Joshua L. Dratel, responded on December 23, challenging this recommendation. Dratel argued that the Supreme Court should review the case, as this would be Rana’s last chance to avoid extradition.
Dratel’s argument rests on the idea that the term “offence” in the US-India extradition treaty refers to the conduct underlying the charges in both countries, rather than the specific elements of the crimes charged.
He stated, “The (Supreme) Court should grant the writ. On the merits, it should hold that the term ‘offence’ in the double jeopardy provision of the United States-India extradition treaty (and many other similar treaties) refers to the conduct underlying the charges in the two countries, rather than the elements of the crimes the respective countries have charged.”
The US Supreme Court has scheduled a conference for both parties on January 17 to discuss this matter further. Rana, who is currently imprisoned in Los Angeles, faces serious charges related to the 2008 Mumbai attacks. He was an associate of David Coleman Headley, a Pakistani-American terrorist who played a key role in orchestrating the attack.
Rana has already been acquitted in the Northern District of Illinois (Chicago) on charges related to the 2008 Mumbai terror attack. His legal team argues that India is seeking his extradition based on charges linked to the same conduct that was already addressed in the US courts.
Rana’s petition to the Supreme Court claims, “India now seeks to extradite him for trial on charges based on the identical conduct at issue in the Chicago case.”
However, Solicitor General Prelogar disagreed with this view. In her response, she argued that not all of the conduct for which India seeks Rana’s extradition was covered by the US prosecution.
She said, “The government does not concede that all of the conduct on which India seeks extradition was covered by the government’s prosecution in this case.”
Prelogar also pointed out that India’s forgery charges involved actions that were not included in the US case.
She explained, “For example, India’s forgery charges are based in part on conduct that was not charged in the United States: petitioner’s use of false information in an application to formally open a branch office of the Immigration Law Center submitted to the Reserve Bank of India.”
Prelogar further argued that the jury’s verdict in the US case may not mean that all of the actions charged by India were fully covered.
She stated, “It is not clear that the jury’s verdict in this case—which involves conspiracy charges and was somewhat difficult to comprehend—means that he has been ‘convicted or acquitted’ on all of the specific conduct that India has charged.”
The 2008 Mumbai terrorist attacks, carried out by 10 Pakistani militants, resulted in 166 deaths, including six Americans. The attackers laid siege to iconic locations across Mumbai, holding the city hostage for more than 60 hours. The attacks shocked the world and left a lasting impact on India and global security.
As the US Supreme Court prepares to hear both sides of the case on January 17, the outcome will determine whether Rana will be extradited to India to face trial for his involvement in one of the deadliest terrorist attacks in recent history.
