US court docket rejects bail plea of 26/11 accused Rana being sought by India

Washington, July 25

A US court docket has rejected the US$ 1.5 million bail software of Pakistani-origin Canadian businessman Tahawwur Rana, who has been declared a fugitive by India for his involvement within the 2008 Mumbai terror assault case, describing him a flight threat.

Rana, 59, a childhood buddy of David Coleman Headley, was re-arrested on June 10 in Los Angeles on an extradition request by India for his involvement within the 2008 Mumbai terror assault during which 166 individuals, together with six Americans, have been killed.

He is a declared fugitive in India.

US District Court Judge in Los Angeles Jacqueline Chooljian, in her 24-page order dated July 21, denied bail to Rana arguing that he’s a flight threat.

Describing Rana as a flight threat, the US authorities opposed his launch on bail, arguing that if he have been to flee to Canada, he could escape the potential of a demise sentence in India.

“Given the stakes, an allowance of bail in any amount would not guarantee Rana’s presence in court. Granting bail would invite the possibility of embarrassing the United States in the conduct of its foreign affairs, straining its relationship with India,” Assistant US Attorney John J Lulejian had advised the court docket.

On the opposite hand, Rana’s legal professional advised the court docket that the 26/11 accused is just not a flight threat and has proposed a USD 1.5 million bond for his launch.

Rana, in his defence, has argued that the US’ determination to not extradite his co-conspirator, Headley, to India is inconsistent and bars his extradition.

While Rana “has presented a robust bail package and proffered conditions which significantly mitigate the risk of flight, the court cannot find that he has negated the risk of flight and accordingly grants the Detention Request (of the government) on that basis,” Judge Chooljian mentioned.

For somebody dealing with conspiracy to homicide and homicide fees in India, the motivation to flee to keep away from extradition is powerful, the court docket mentioned.

Pakistan-born Rana accomplished Army Medical College there, and served within the Pakistani Army as a health care provider for greater than a decade, however ultimately abandoned.

He is at present a Canadian citizen, however was a resident of Chicago the place he had a enterprise. According to the court docket papers, he has additionally resided in and traveled to Canada, Pakistan, Germany and England and speaks seven languages.

If he flees to Canada, he might successfully keep away from publicity to the demise penalty as such nation’s extradition treaty with India comprises a provision which permits extradition to be refused if the offence for which extradition is requested is punishable by demise in India and isn’t punishable by demise in Canada except India provides assurances {that a} demise penalty wouldn’t be executed, federal prosecutors had mentioned.

 “There is no question in the court’s mind that given” Rana’s important international ties, notably to Canada, and the potential demise penalty awaiting him in India if he’s extradited on and convicted of probably the most severe pending fees, he’s a flight threat, the court docket mentioned.

According to the court docket papers, Rana had examined constructive for COVID-19 at Terminal Island in Los Angeles on April 28, 2020, however was asymptomatic and has since recovered.

He examined detrimental within the final three assessments on June 13, June 15 and June 25.

According to the federal prosecutors, between 2006 and November 2008, Rana conspired with Headley, often known as “Daood Gilani”, and others in Pakistan to help Lashkar-e-Taiba (LeT) and Harakat ul-Jihad-e-Islami, each US-designated terrorist organisations, to plan and perform the Mumbai terrorist assaults.

Pakistani-American LeT terrorist Headley was concerned in plotting the 2008 Mumbai terror assault. He was made an approver within the case, and is at present serving a 35-year jail time period within the US for his position within the assault.

India seeks his arrest on various offences, together with the conspiracy to commit homicide, conspiracy to commit forgery for the aim of dishonest, and homicide below related sections of the Indian Penal Code (IPC). He is looked for his position in 2008 terrorist assaults in Mumbai.

The 2008 Mumbai assault was one in every of India’s most horrific terrorist assaults during which 166 individuals have been killed and over 300 injured as 10 heavily-armed terrorists from Pakistan created mayhem.

Pakistani nationwide Mohammed Ajmal Kasab, the lone terrorist captured alive, was hanged to demise on November 21, 2012. PTI


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