26/11: Joe Biden admin proposes US court to extradite Tahawwur Rana to India
Washington, Jul 20: The Biden administration has urged a federal court in Los Angeles to extradite Pakistani-origin Canadian businessman Tahawwur Rana to India where he is sought for his involvement in the 2008 Mumbai terror attack.
Rana, 59, has been declared a fugitive by India, where he is facing multiple criminal charges for his involvement in the 2008 Mumbai terror attack in which 166 people, including six Americans, were killed. He was rearrested on June 10, 2020, in Los Angeles on an extradition request by India
In a submission before the US District Court, Central District of California in Los Angeles, the US government argues that India's extradition request contains sufficient evidence of probable cause on each of the criminal charges for which India seeks Rana's extradition.
Having found that all of the requirements for certification of extradition have been satisfied, the Court certifies the extradition of Tahawwur Hussain Rana to the Secretary of State and commits him to custody pursuant, according to a draft order proposed by the US attorney in his submission before the court last week.
Based on the evidence submitted by India, RANA allowed fraud against the Indian government to occur through the creation and submission of forged documents. The purpose behind such fraud is irrelevant under the Indian criminal provisions, said the document titled proposed findings of facts and conclusions of law.
Rana is wanted by the Indian authorities for his alleged involvement in the deadly attacks that are sometimes referred to as India's 9/11. An Indian warrant for his arrest was issued in August 2018.
Indian authorities allege that Rana conspired with his childhood friend David Coleman Headley to assist the Pakistani terror group Lashkar-e-Taiba (LeT), or Army of the Good, in the orchestration of the 2008 terror attacks in Mumbai.
In any event, RANA knowingly allowed Headley to obtain the business visa and the cover that he needed to conduct terrorism-related surveillance operations in India, ultimately leading to the three-day terrorist attacks in Mumbai. Accordingly, the Court finds there is probable cause that RANA conspired to forge a document for the purpose of cheating and use a forged document as genuine, in violation of IPC 120B, 468, and 471, it said.
According to the court document, the evidence establishes that the Mumbai attacks were committed by LeT, a terrorist organisation targeting India. Thus, an attack on Indian soil, especially one that would result in mass casualties, injuries, and damage to property, would strike terror in the Indian people.
Rana was aware that Headley was involved with LeT, and that by assisting Headley and affording him a 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. Further, it was foreseeable that these attacks would lead to death, injury, and destruction of property, it said.
Accordingly, this Court finds that there is probable cause that Rana committed the crimes of conspiracy with the object of committing a terrorist act, in violation of IPC 120B and UAPA 16, and conspiracy to commit a terrorist act, in violation of UAPA 18. The court further finds that under an agency theory or an abetting theory (as contemplated by UAPA 16), there is probable cause that Rana committed the substantive crime of commission of a terrorist act in violation of UAPA 16, said the document submitted by the US attorney.
India has charged forgery for purposes of cheating, in violation of IPC 468, as an object of the alleged criminal conspiracy. India also charged the crime of using as genuine a forged document or electronic record, in violation of IPC 471, as an object of the alleged criminal conspiracy.
The document said that the evidence establishes that Rana conspired with Headley to provide false information on multiple documents submitted to the Indian government.
In 2006 and 2007, Rana conspired with Headley to include false information on Indian government documents, so that Headley could obtain business visas (a one-year and a five-year multiple entry) as an alleged employee of Rana's business. On both occasions, Rana reviewed Headley's applications and failed to correct information Rana knew to be false, it said.
Rana also had the Immigrant Law Center, through his unsuspecting business partner, submit the applications to the Indian Consulate. RANA also allowed his business to apply to the Reserve Bank of India, while falsely claiming it wanted to open an office in Mumbai with Headley serving as the business's Office Head' it said.
On the other hand, Rana's attorney in their proposed draft order is opposed to the extradition.
The Court finds that the government has not satisfied the requirement of Article 9(3)(c) of the Treaty that a request for extradition be supported by such information as would justify the committal for trial of the person if the offense had been committed in the Requested State," it said.
Extradition is therefore denied, says Rana's proposed findings of facts and conclusions of law. Both the documents were submitted before the court on July 15.
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Two injuries, one DNF, a DQ as India end messy World Relays campaign
Gaborone (Botswana) (PTI): Amoj Jacob and Ragul Kumar got injured during the men's 4x400m and 4x100 races respectively as India ended their World Athletics Relays campaign in disappointment on the second day of competitions here on Sunday.
The Indian camp had high hopes of making the 2027 World Championships in the men's 4x400m relay but the team did not finish (DNF) the race as Jacob suffered cramps and pulled out of the race after taking the baton from the first leg runner Dharamveer Choudhary. Rajesh Ramesh and Vishal TK were to run in the third and fourth legs.
Those teams which could not qualify for the 2027 Beijing World Championships by reaching the final round of each of the six relay events on Saturday were given another chance in the second qualification round on Sunday.
The top two teams in each of the two heats (in all six relay events) booked the Beijing ticket on Sunday.
India will now have to try and qualify for the World Championships through the Top Lists of the World Athletics, which is a long and tedious process.
In the men's 4x100m race, third leg runner Ragul Kumar fell down the track after failing to hand over the baton inside the exchange zone to fourth leg runner Gurindervir Singh, which clearly showed the lack of coordination among the runners.
Harsh Santosh Raut and Animesh Kujur ran the first two legs.
The Indian quartet was disqualified and Kumar was seen being taken away from the Field of Play with the help of the volunteers.
It was a comedy of errors in the case of the women's 4x100m race, which saw the baton being dropped during an exchange between first leg runner Tamanna and second runner Nithya Gandhe, though the Indians finished the race in 53.09 seconds.
Gandhe started running quite a distance, but after realising that the baton was not in her hand, she turned and ran back to pick it up.
The only silver-lining for the Indian contingent was the national record time in the mixed 4x100m relay race, though the quartet of Ragul Kumar, Nithya Gandhe, Animesh Kujur and Sneha SS finished sixth in heat number two with a time of 41.35 seconds, bettering the previous national mark of 42.30 seconds set in March in Chandigarh.
The mixed 4x400m relay quartet of Theerthesh P Shetty, Kumari Saloni, Nihal William and Rashdeep Kaur ended at fifth in heat number one with a time of 3 minutes and 19.40 seconds.
On Saturday, all the five Indian relay teams had failed to make it to the respective final rounds and thus missed out on the 2027 World Championships berths.
