US courtroom rejects bail plea of 26/11 accused Tahawwur Rana being sought by India

By: PTI | Washington |

Published: July 25, 2020 10:10:31 am

Tahawwur Rana, Tahawwur Rana bail, Tahawwur Rana arrest, Tahawwur Rana case, Indian Express Rana, 59, who was launched from jail on compassionate floor after testing optimistic for the COVID-19, was rearrested in Los Angeles on June 10 following an extradition request by India, the place he’s a declared fugitive. 

A US courtroom has rejected the $1.5 million bail utility 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 danger.

Rana, 59, a childhood good friend 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 by 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 danger.

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

?Given the stakes, an allowance of bail in any quantity wouldn’t assure Rana’s presence in courtroom. Granting bail would invite the potential of embarrassing the United States within the conduct of its overseas affairs, straining its relationship with India,? Assistant US Attorney John J Lulejian had advised the courtroom.

On the opposite hand, Rana’s lawyer advised the courtroom that the 26/11 accused isn’t a flight danger and has proposed a $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.

Explained: The case against Tahawwur Rana, the 26/11 plotter

While Rana ?has introduced a strong bail package deal and proffered situations which considerably mitigate the danger of flight, the courtroom can not discover that he has negated the danger of flight and accordingly grants the Detention Request (of the federal government) on that foundation,? Judge Chooljian mentioned.

For somebody going through conspiracy to homicide and homicide prices in India, the motivation to flee to keep away from extradition is robust, the courtroom 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 the moment a Canadian citizen, however was a resident of Chicago the place he had a enterprise. According to the courtroom 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 dying 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 dying in India and isn’t punishable by dying in Canada until India offers assurances {that a} dying penalty wouldn’t be executed, federal prosecutors had mentioned.

Read | India’s hopes up as 26/11 wanted Rana re-held in US

?There is not any query within the courtroom’s thoughts that given? Rana’s vital overseas ties, notably to Canada, and the potential dying penalty awaiting him in India if he’s extradited on and convicted of probably the most severe pending prices, he’s a flight danger, the courtroom mentioned.

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

He examined destructive within the final three exams on June 13, June 15 and June 25.

According to the federal prosecutors, between 2006 and November 2008, Rana conspired with Headley, also called “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 the moment serving a 35-year jail time period within the US for his function within the assault.

India seeks his arrest on plenty of 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 searched for his function in 2008 terrorist assaults in Mumbai.

The 2008 Mumbai assault was one among India’s most horrific terrorist assaults by 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 dying on November 21, 2012.

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