US Supreme Courtroom Justices To Hear Tahawwur Ranas Renewed Utility Looking for Keep Of Extradition To India

US Supreme Courtroom justices will hear subsequent month Mumbai terror assault accused Tahawwur Rana’s renewed software, submitted to Chief Justice John Roberts, searching for a keep of his extradition to India.

Rana, 64, is presently lodged within the Metropolitan Detention Heart in Los Angeles and submitted an “Emergency Utility For Keep Pending Litigation of Petition For Writ of Habeas Corpus” on February 27, 2025 with Elena Kagan, Affiliate Justice of the Supreme Courtroom of america and Circuit Justice for the Ninth Circuit.

Earlier this month, Kagan had denied the applying. 

Rana had then renewed his “Emergency Utility for Keep Pending Litigation of Petition for Writ of Habeas Corpus beforehand addressed to Justice Kagan,” and requested that the renewed software be directed to Chief Justice Roberts.

An order on the Supreme Courtroom web site famous that Rana’s renewed software has been “distributed for Convention of 4/4/2025” and “software” has been “referred to the Courtroom.”

New York-based eminent Indian-American lawyer Ravi Batra advised PTI that Rana had made his software to the Supreme Courtroom to forestall extradition, which Justice Kagan denied on March 6.

The appliance is now earlier than Roberts, “who has shared it with the Courtroom to convention in order to harness your entire Courtroom’s view.”

Batra added that the problem earlier than the Supreme Courtroom is that because the President is constitutionally empowered to interact in overseas coverage within the comity of countries and “it’s our nationwide coverage to be in opposition to terror – be it state-sponsored or Lone Wolf – is there any legislation or constitutional precept that the Courtroom can justly rely on to disagree with, and block, President (Donald) Trump’s extradition determination.”

Batra added that he absolutely expects “that in calmer occasions CJ Roberts would deny Rana the best to remain in America and keep away from going through justice in India.”

“Throughout present occasions, with so many district judges blocking President Trump’s home agenda adjustments…the Supreme Courtroom will get pleasure from denying Rana extra simply.”

“After President Trump and PM (Narendra) Modi met within the Oval, President Trump introduced within the press convention that Rana will likely be extradited to India, to face his victims and his justice. The present posture is akin to a fish out of water, however shifting round quite a bit to attempt to get again into American waters,” Batra mentioned. 

Rana is searching for a keep of his extradition and give up to India pending litigation (together with exhaustion of all appeals) on the deserves of a petition he filed on February 13.

In that petition, Rana argued that his extradition to India violates United States legislation and the United Nations Conference In opposition to Torture “as a result of there are substantial grounds for believing that, if extradited to India, petitioner will likely be in peril of being subjected to torture.”

“The probability of torture on this case is even greater although as petitioner faces acute threat as a Muslim of Pakistani origin charged within the Mumbai assaults,” the applying mentioned.

The appliance additionally mentioned that his “extreme medical circumstances” render extradition to Indian detention amenities a “de facto” demise sentence on this case. 

It cited medical data from July 2024 that verify Rana has a number of “acute and life-threatening diagnoses”, together with a number of documented coronary heart assaults, Parkinson’s illness with cognitive decline, a mass suggestive of bladder most cancers, stage 3 power kidney illness, and a historical past of power bronchial asthma, and a number of COVID-19 infections. 

“Accordingly, petitioner definitely has raised a reputable, if not compelling, factual case that there are certainly substantial grounds for believing he could be in peril of torture if surrendered to Indian authorities. 

“Additional, due to his Muslim faith, his Pakistani origin, his standing as a former member of the Pakistani Military, the relation of the putative costs to the 2008 Mumbai assaults, and his power well being circumstances he’s much more more likely to be tortured than in any other case could be the case, and that torture could be very more likely to kill him in brief order.”

The US Supreme Courtroom denied Rana’s petition for a writ of certiorari referring to his authentic habeas petition on January 21, 2025.

The appliance notes that on that very same day, newly-confirmed Secretary of State Marco Rubio had met with Exterior Affairs Minister Dr S Jaishankar.

When Prime Minister Modi arrived in Washington on February 12 to fulfill with Trump, Rana’s counsel obtained a letter from the Division of State, stating that “on February 11, 2025, the Secretary of State determined to authorize” Rana’s “give up to India,” pursuant to the “Extradition Treaty between america and India”.

Rana’s Counsel requested from the State Division the entire administrative report on which Secretary Rubio primarily based his determination to authorize Rana’s give up to India.

The Counsel additionally requested quick info of any dedication america has obtained from India with respect to Rana’s therapy. “The federal government declined to supply any info in response to those requests,” the applying mentioned.

It added that given Rana’s underlying well being circumstances and the State Division’s personal findings concerning therapy of prisoners, it is rather probably “Rana is not going to survive lengthy sufficient to be tried in India. 

“The problems raised by petitioner benefit full and cautious consideration, and the stakes are monumental for him. The very least the US courts owe the petitioner is a full likelihood to litigate these points, together with exercising their appellate rights, earlier than he’s consigned to the destiny that awaits him by the hands of the Indian authorities,” the applying mentioned.

It added that if a keep is just not entered, there will likely be no assessment in any respect, and the US courts will lose jurisdiction, and “petitioner will quickly be lifeless. Subsequently, we respectfully request that this Courtroom enter an Order staying the extradition and give up of petitioner pending a full and thought of listening to on petitioner’s claims by the district courtroom, circuit courtroom, and, if vital, a writ of certiorari to and additional proceedings earlier than this Courtroom.”

US President Trump, throughout a joint press convention with Prime Minister Modi within the White Home final month introduced that Rana’s extradition to India has been authorized.

The Supreme Courtroom justices are Affiliate Justice Clarence Thomas, Affiliate Justice  Samuel A Alito, Jr, Affiliate Justice Sonia Sotomayor, Affiliate Justice Elena Kagan, Affiliate Justice Neil M Gorsuch, Affiliate Justice Brett M. Kavanaugh, Affiliate Justice Amy Coney Barrett, and Affiliate Justice Ketanji Brown Jackson.