US Supreme Courtroom reject Tahawwur Rana’s plea; he now pleads to chief justice

Following the denial to entertain his plea by a US Supreme Courtroom choose – Justice Elena Kagan, the Pakistani-Canadian physician has now sought to resume his software earlier than the courtroom of chief justice – John G Roberts Jr.

“Petitioner Tahawwar Rana respectfully renews his emergency software for keep pending litigation of petition for writ of habeas corpus beforehand addressed to Justice Kagan, and requests that the renewed software be directed to Chief Justice Roberts,” in keeping with the appliance.

In his first plea filed final week in opposition to extradition earlier than Justice Kagan, Rana claimed that being a Muslim of Pakistani origin, and a former Pakistan military officer, the probability of his torture in India is excessive, including that he was being despatched right into a “hornet’s nest”.

Rana has cited a current UK excessive courtroom determination rejecting arms vendor Sanjay Bhandari’s extradition to India on grounds that he might face “torture” to buttress the appliance.

Additionally Learn:Rana approaches US high courtroom in opposition to extradition

Indian officers have termed the transfer futile, though they admitted that it has marginally delayed Rana’s give up to a Nationwide Investigation Company (NIA) staff, until at the very least the top of March.

“These are determined makes an attempt to keep away from extradition. He received’t succeed,” mentioned an Indian authorities official on Friday.

The US Supreme Courtroom on January 21 rejected Rana’s plea in opposition to extradition to India and his give up to NIA was authorized by the Donald Trump administration throughout Prime Minister Narendra Modi’s journey to Washington final month.

The state division press workplace informed HT in an e mail response final month that “the secretary of state has signed the give up warrant authorizing Rana’s give up to Indian authorities”.

Rana, 64, has argued that if extradited to India, he will probably be in peril of being subjected to torture.

Rana has imputed political concerns behind his extradition, arguing that the day PM Narendra Modi arrived in Washington (February 12), the state division knowledgeable his counsel that it had determined to give up him to India “anyway”.

“Petitioner is to be despatched right into a hornet’s nest the place he will probably be (and already has been, within the joint assertion by Prime Minister Modi and President Trump) pointed to as a goal of nationwide, non secular, and cultural animosity whose punishment is of the best nationwide curiosity,” Rana mentioned in his plea final week, seen by HT.

“The probability of torture on this case is even increased although as petitioner faces acute danger as a Muslim of Pakistani origin charged within the Mumbai assaults,” he has claimed.

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

In a supplementary doc filed on February 2 in help of his plea, Rana cited UK excessive courtroom’s February 28 determination in London rejecting India’s extradition request for Sanjay Bhandari.

“The Bhandari determination underscores the significance of significant judicial overview of the Secretary of State’s purported willpower that Rana’s extradition to India is not going to violate the CAT as applied within the US. The Bhandari determination demonstrates that petitioner’s fears of being subjected to torture, more likely to end in dying, are well-founded as evidenced by the UK courts’ refusal to extradite to India a person charged merely with monetary crimes unaccompanied by any high-profile, overarching non secular, ethnic, or nationwide concerns that will make the person a specific focus of scorn or animus,” Rana mentioned in his plea.

Presently lodged at metropolitan detention centre at Los Angeles, Rana will probably be handed over to NIA by FBI on a day agreed upon by either side.

Between November 26 and 29, 2008, 166 folks, together with 24 overseas nationals, had been killed as a 10-member closely armed Lashkar-e-Taiba squad that arrived in Mumbai through the Arabian Sea, held the town hostage for near 60 hours, gunning down civilians at will.

Interrogation of captured terrorist Ajmal Kasab and technical investigations revealed the direct function of Pakistan’s spy company ISI, and three of its navy officers had been named as key conspirators together with LeT chief Hafiz Saeed.

David Coleman Headley, a US citizen and childhood good friend of Rana, carried out reconnaissance of the targets in Mumbai. He was arrested by FBI in 2009 and is at the moment serving a 35-year time period after he entered right into a plea discount with authorities there.