US govt opposes release of Tahawwur Rana, says he is a flight risk
2008 Mumbai terror attack case
Washington, Dec 1: The US government has moved a motion in a federal court in California opposing the release of Pakistani-origin Canadian businessman Tahawwur Rana, who has been declared a fugitive by India for his involvement in the 2008 Mumbai terror attack case, describing him as a flight risk.
Rana, 59, a childhood friend of David Coleman Headley, was re-arrested on June 10 in Los Angeles on an extradition request by India for his involvement in the 26/11 Mumbai terror strike in which 166 people, including six Americans, were killed.
Pakistani-American LeT terrorist Headley was involved in plotting the 2008 Mumbai terror attack. He was made an approver in the case, and is currently serving a 35-year prison term in the US for his role in the attack.
Rana is a declared fugitive in India. His extradition hearing is scheduled for February 12.
In a motion filed before the US District Court Judge in Los Angeles Jacqueline Chelonian on Monday, US attorney Nicola T Hanna urged the court to deny Rana's motion for release for failure to prove that he is not a flight risk or that special circumstances exist and continue to detain him pending resolution of this extradition proceeding.
Hanna's motion comes in opposition to the latest effort of Rana to avoid detention pending extradition, by capitalising on the developments of the COVID-19 pandemic.
Rana's attorney has argued that pandemic warrants his release from custody.
Hanna said a fugitive facing extradition is entitled to bail only if he can demonstrate that he is not a flight risk, is not a danger to the community, and that special circumstances warrant his release from custody.
Rana in his court filing has said the Bureau of Prison (BOP) was unable to manage the COVID-19 pandemic and as such he should be released from custody. Hanna argued that BOP is committed to fighting COVID-19 and protecting the inmates in its custody.
"In addition to ignoring the BOP's ability to manage the pandemic, Rana ignores the significant increase of COVID-19 cases in the population in which he wishes to be released," Hanna said, adding, unlike the BOP, Rana will not have immediate access to frequent COVID testing, and should he test positive, treatment.
Following the increase of COVID-19 cases, Metropolitan Detention Centre Los Angeles began testing inmates, including Rana. MDC-LA has not received the results of his COVID-19 test conducted on November 27. Accordingly, it has placed Rana in isolation, pending confirmation that he is not positive for COVID-19.
In denying Rana's initial motion for release in July, the court had said he constituted a flight risk given his significant foreign contacts and the possibility he could face a death sentence in India.
The court further found that this extreme risk of flight was not mitigated by the approximately USD 1.5 million of property and cash offered by Rana's associates.
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Delhi court sentences Haryana gangster Vikas Gulia, associate to life imprisonment
New Delhi (PTI): A Delhi court has sentenced Haryana gangster Vikas Gulia and his associate to life imprisonment under MCOCA provisions, but refused the death penalty saying the offences did not fall under the category of 'rarest of the rare cases'.
Additional Sessions Judge Vandana Jain sentenced Gulia and Dhirpal alias Kana to rigorous imprisonment for life under Section 3 (punishment for organised crime) of the Maharashtra Control of Organised Crime Act (MCOCA).
In an order dated December 13, the judge said, "Death sentence can only be awarded in 'rarest of the rare cases' wherein the murder is committed in an extremely inhumane, barbarous, grotesque or dastardly manner as to arouse umbrage of the community at large."
The judge said that on weighing the aggravating and mitigating circumstances, it could be concluded that the present case did not fall under the category, and so, the death penalty could not be imposed upon the convicts.
"Thus, both the convicts are sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs 3 lakh each, for committing the offence under Section 3 of MCOCA," she said.
The public prosecutor, seeking the death penalty for both the accused, submitted that they were involved in several unlawful activities while they were on bail in other cases.
He argued that the accused had shown no respect for the law and acted without any fear of legal consequences, and therefore did not deserve any leniency from the court.
The court noted that both convicts were involved in offences of murder, attempt to murder, extortion, robbery, house trespass, and criminal intimidation. Besides, they had misused the liberty of interim bail granted to them by absconding.
It said, "The terror of the convicts was such that it created fear psychosis in the mind of the general public, and they lost complete faith in the law enforcement agencies and chose to accede to the illegal demands of convicts. Despite suffering losses, they could not gather the courage to depose against them."
The court noted that Gulia was involved in at least 18 criminal cases, while Dhirpal had links to 10 serious offences.
It underlined that MCOCA had been enacted "keeping in view the fact that organised crime had come up as a serious threat to society, as it knew no territorial boundaries and is fuelled by illegal wealth generated by committing the offence of extortion, contract killings, kidnapping for ransom, collection of protection money, murder, etc."
Both accused persons had been convicted on December 10 in a case registered at Najafgarh police station. The police filed a chargesheet under Section 3 (punishment for organised crime) and 4 (punishment for possessing unaccountable wealth on behalf of member of organised crime syndicate) of MCOCA.
