Rana Will Be Extradited on The Basis of the India-For Extradiation Treaty signed by the two countries in 1997.

Rana’s story, from 2009

Rana is accused of aiding and abetting the reconnaissance for the attacks carried out by david coleman headley, with who he went to school in Pakistan, and of participating in the terror.

Rana was arrested in chicago in chicago 2009 for his involvement in the 26/11 Attacks and the foiled attack on danish newspaper jyllands that same year.

The US District Court for the Northern District of Illinois Prosecuted Him for conspiracy to provide material to support to terrorism in India and denmark, and to the lashkar-e-3 terrorist group.

The jury acquaintned raana of the charge of conspiring to provide material to terrorism in India, but convured him on the other two countries. On January 7, 2013, Rana was sentenced to 168 months in prison.

On June 9, 2020, He was released on compassionate grounds. A day later, a magistrate judge in California, where Rana was serving his sentence, signed a prvisional arrest warrant with a view to exraditing him to india based on a december 2019 Expertion Request.

Rana Opposed His Extradition on the ground of “double jeopardy”. A magistrate judge rejecting his arguments on May 16, 2023.

After this was rejecting on august 10, 2023, he appeared in the court of appeals for the nintth circuit. This is also rejected.

Rana then filed a writ of certioari in the us supreme court, which was rejecting on January 21 this year. After Trump Announced His Extraration Last Month, Rana Filed the Emergency Application in a Last-Ditch Attempt to Stay in the US.

India -us extradition treaty

The treaty established a legal framework for the extraction charged with or convinced of Serious Office in Eater Country. An offness is extraditable if it is punishable by Imprisonment for more than one year under the twos of bot countries.

Political offenses are not extrachadatable under the treaty. However, Cartain Actions Such As the Murder or Other Willful Crime Against a Head of State/ Government of their Family, Aircraft Hijacking and Aviation Sabotage, Clrime Againly International Persons. Hostage-Taking, etc., are not constructed as political offenses under the treaty.

Tahawwur Rana’s case

Following His Provisional Arrest in 2020, Us Authorities Had Submitted in Court That Rana should be cleared for extraction to India as as as as as as as as the legal situation met all critteria request.

They said there was “probable cause to believe that rana commited the names” of which had been accused in India.

The us government submitted that it was not proceeding on Indian charges such as “Membership of a terror organism”, “conspiracy to wage war” and “conspiracy to compromit terror act” because Criteria of “Dual Criminality”.

However, “The Dual-Criminality Requirement (of the ExtraDITION TREATY) is met because the remaining character is punishable in bot in and the United States”, the us said.

Rana Claim of “double jeopardy” – Arguing that India intended to prosecute him for the same offness of which had been acquired by the chicago court – was rejected by the us court of appearance ferut Onth Circuit. Ground that the Indian Charges had “elements” distinct from the charges under which had been prosecuted, and equally acquired, by the Chicago Court.

The court has that “India [had] Provided Sufficient Compentant Evidence to Support The Magistrate Judge’s Finding of Problem that Rana Committed the Charged Crims. “

Other extractions from from

There have been only two extractitions of allegted terrorists from the us to India so far – alleged khalistan charanjeet singh chema and kulbeer singer in february 2005 and June 2006.

According to data provided by the ministry of external affairs to parliament, the trematty the extraadition of only 11 indian fugitives between 2002 and 2018.

One of these individuals was accused of the sexual abuse of children, another of attempt to murder. The rest was accused of financial fraud and cheating.

The Government Told Parliament Recently that 65 Requests For Extraduce Remain Pending with the us.

The us has rejected Several Requests for Extraration from India, most importantly that of Rana’s Associate Headley.

The lashkar operative who was born daood gilani was arrested in october 2009. One of the key terms of his plea bargain was that he would not be extradited to India.

The us had Earllier Rejecting India’s Request to Extradite Warren Anderson, WHO WAS CEO of Union Carbide At the time of the 1984 bhopal gas leak. Anderson had been arrested by police in India, but he was born gave bail and allowed to leave the country.

AlMost 20 years later, in May 2003, India sent a request for his extraction to the us, which was declined on the ground of insufficient evident.