US court stays extradition on Tahawwur Rana pending his appeal
US court has ordered a stay on the extradition of Pakistani-origin Canadian businessman Tahawwur Rana, to India where he is facing a trial for his involvement in the 2008 Mumbai terror attack. Rana has appealed before the Ninth Circuit Court against the order by a US District Court in the Central District of California that denied the writ of habeas corpus.
District Judge Dale S.
Fischer of the US District Court in Central California in his latest order said that Rana's «ex parte application» seeking a stay on his extradition is granted.
«The extradition of Rana to India is stayed pending the conclusion of his appeal before the United States Court of Appeals for the Ninth Circuit,» Judge Fischer said in the order issued on August 18.
In doing so the judge overrode the government's recommendations that there should be no stay on Rana's extradition.
Rana faces charges for his role in the Mumbai attacks and is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 Mumbai attacks.
While the Court does not find that Rana «has made a strong showing that he is likely to succeed on the merits» — otherwise the Court would have ruled in his favour in the first instance — he has certainly raised serious legal questions going to the merits, the judge wrote.
«The proper meaning of „offence“ in Article 6(1) of the extradition treaty is not clear and different jurists could come to different conclusions. Rana's position is certainly colourable and could very well be found to be correct on appeal,» the judge noted.
«The final two factors „merge when the Government is the opposing party.“ There is value in compliance with India's extradition request, but Rana's
