US court approves extradition of 26/11 Mumbai attack accused Tahawwur Rana to India
New York (PTI): A month before Prime Minister Narendra Modi's first state visit to the US, a federal court agreed to New Delhi's request, through Washington, for the extradition of Pakistani-origin Canadian businessman Tahawwur Rana to India where he is sought for his involvement in the 2008 Mumbai terror attacks.
In a major victory for India's fight in bringing the perpetrators of the 26/11 Mumbai attacks to justice, US Magistrate Judge Jacqueline Chooljian of the District Court of the Central District of California issued a 48-page order on Wednesday, saying Rana "should be extradited to India" under the extradition treaty between India and the United States.
"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. 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 order said.
The order comes just over a month before Modi arrives in the US for his first state visit to Washington DC and will be hosted by President Joe Biden and First Lady Jill Biden for a state diner on June 22.
The order noted that the court cannot certify Rana's extradition unless there is probable cause to believe he committed the offences for which extradition is sought. Citing its reasoning in detail, the order states: "Accordingly, the court finds there is probable cause to believe Rana committed the charged offences as to which extradition has been sought and should be extradited to India under the extradition Treaty between the United States and India."
India had filed a complaint on June 10, 2020 seeking the provisional arrest of Rana with a view towards extradition. The Biden administration had supported and approved the extradition of Rana to India.
In response to a question, a State Department spokesperson told PTI that "we refer you" to the Department of Justice for specifics on this case.
"However, we can say that we are committed to confronting terrorism across the world and we deeply value our counterterrorism relationship with India. We continue to call for those involved in the 2008 Mumbai attacks to be brought to justice," the spokesperson said.
During court hearings, US government attorneys argued that Rana was aware that his childhood friend David Coleman Headley was involved with Lashkar-e-Taiba (LeT), and that by assisting Headley and affording him cover for his activities, he was supporting the terrorist organisation and its associates.
Rana knew of Headley's meetings, what was discussed, and the planning of the attacks, including some of the targets. The US government asserted that Rana was part of the conspiracy and there is probable cause that he committed the substantive crime of commission of a terrorist act.
Rana's attorney on the other hand opposed the extradition.
As many as 166 people, including six Americans, were killed during the attacks by the LeT terrorists. Because members of the conspiracy committed acts resulting in death with the intention of causing death, or at minimum committed those acts knowing its imminent dangers, there is sufficient evidence that the elements for murder would be satisfied, federal prosecutors said.
There is an extradition treaty in place between India and the United States. The judge ruled that Rana's extradition to India is fully under the jurisdiction of the treaty.
India, the judge said, has issued an arrest warrant and charged Rana with the offences on which the United States is proceeding. These include 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, waging war, murder, committing a terrorist act and conspiracy to commit a terrorist act.
"The foregoing charged offences constitute extraditable offences within the meaning and scope of the treaty and over which India has jurisdiction," the judge ruled.
The order states that for the court to certify Rana as extraditable, the government must establish that "(1) the extradition judge has jurisdiction to conduct proceedings, (2) the extradition court has jurisdiction over the fugitive, (3) the extradition treaty is in full force and effect, (4) the crime falls within the terms of the treaty and (5) there is competent legal evidence to support a finding of extraditability".
The judge said that sufficient competent evidence has been presented to establish probable cause that Rana is the individual who has been charged in India and whose extradition has been sought by India in this action, and that Rana committed the aforementioned offences for which extradition has been sought.
"Based on the foregoing, the court concludes that Rana is extraditable for the offences for which extradition has been requested and on which the United States is proceeding and hereby CERTIFIES this finding to the United States Secretary of State," the order said.
"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.
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Putin meets Iran's FM Araghchi, says Russia ready to do its best to help bring peace to West Asia
Moscow (PTI): Iran's Foreign Minister Abbas Araghchi on Monday met Russian President Vladimir Putin, who hailed the Iranian people for fighting bravely and heroically for their sovereignty and said Moscow is ready to do its best to help bring peace to West Asia as soon as possible.
Araghchi, who held talks with Omani and Pakistani leadership before arriving in Russia, met Putin in St. Petersburg and thanked him for supporting Iran, state-owned TASS news agency reported.
"Russia is ready to do everything in its power to ensure that peace in the Middle East is achieved as soon as possible," Putin said during his meeting with Araghchi, which was also attended by Russian Foreign Minister Sergey Lavrov.
Revealing that he received a message from Iranian Supreme Leader Mojtaba Khamenei last week, Putin asked Araghchi to convey his "gratitude for this message and best wishes for his health and well-being."
He praised the Iranian people for fighting "bravely and heroically" for their sovereignty, Iran's state-run PRESS TV reported.
"We really hope that, based on the courage and desire for independence, the Iranian people, under the guidance of the new leader, will weather this difficult period of trials and peace will come,” Putin said.
He also stressed that Russia “intends to maintain” its strategic relations with Iran.
Araghchi said that the world witnessed Iran’s strength in countering the US during the recent war, and that the Islamic Republic is a "stable and powerful establishment."
"With their courage, the Iranian people succeeded in resisting the US aggression and will be able to endure it,” he said.
He said that it became clear that Iran has “great friends and allies” like Russia, and conveyed “warmest greetings” from Supreme Leader Mojtaba Khamenei and President Masoud Pezeshkian to the Russian leader.
Araghchi said relations between Moscow and Tehran represent a “strategic partnership at the highest level” and will continue to develop "regardless of circumstances."
"We are grateful to you for the solid and strong positions in support of the Islamic Republic of Iran," he said.
Foreign Minister Lavrov said that the talks between President Putin and the Iranian Foreign Minister were "useful and constructive."
Kremlin Spokesman Dmitry Peskov later said that Russia is "ready to provide any good offices, any mediation services that are acceptable to the parties."
"We will be ready to do everything so that ultimately peace ensues, guaranteed peace, and that there is no return to hostilities," Peskov was quoted as saying by TASS.
He was asked how Moscow can assist in future negotiations on the Iranian settlement.
Araghchi arrived in Russia after his whirlwind trip to Islamabad, which, according to him, was “very productive” and involved “good consultations" with Pakistan's Army Chief Field Marshal Asim Munir, amid uncertainty over the second round of peace talks to resolve the war in West Asia.
"We held good consultations with our friends in Pakistan. The trip was successful. We assessed the outcome of our recent (meetings) and discussed in what direction and under what conditions talks can move on,” Araghchi said in a video posted on his Telegram channel upon his arrival in St Petersburg.
Referring to the second round of talks between the US and Iran to resolve the conflict in West Asia, Araghchi said: "Developments have taken place in the negotiations."
"Despite some progress in earlier rounds, the talks failed to reach their objectives due to the Americans' approach, the excessive demands they made, and the wrong approaches they adopted. Therefore, it was necessary to consult with our friends in Pakistan to review the latest situation,” Iran's official news agency IRNA quoted him as saying.
He said that the trip to Pakistan was a good opportunity to review developments related to the US-Israeli war against Iran, expressing confidence that “these consultations and coordination between the two countries will be highly significant.”
Araghchi arrived at St. Petersburg's Pulkovo Airport early Monday, where he was welcomed by Russian officials and Iran’s ambassador to Russia, Kazem Jalali, the report said.
The first round of peace talks between Iran and the US, held on April 11 and 12, failed to bring the desired result for the parties to the conflict.
The Iranian minister arrived in Islamabad for the second time on Sunday after a short visit to Oman, where he held talks with Sultan Haitham bin Tariq al-Said on security in the Strait of Hormuz and diplomatic efforts to end the Iran-US conflict.
After Araghchi left Pakistan for Oman on Saturday, President Donald Trump announced that US negotiators Steve Witkoff and Jared Kushner would no longer be going to Islamabad for talks with Iran, contending that Washington held all the cards on the matter.
Trump on Sunday reiterated that the US and Iranian officials can talk by phone for a peace solution to the conflict.
On Tuesday, Trump extended the two-week ceasefire with Iran indefinitely to give Tehran more time to prepare a unified proposal to end the war, just hours before the truce was set to expire.
The war began when the US and Israel jointly attacked Iran on February 28, killing Iranian Supreme Leader Ayatollah Ali Khamenei and several top commanders. The retaliation by the Islamic Republic extended the war to the entire Gulf region.
