2008 Mumbai attacks: Biden administration urges US court to certify Tahawwur Rana's extradition

The Biden administration has urged a US court to certify India's request to extradite Pakistani origin Canadian businessman Tahawwur Hussain Rana sought by Indian authorities for his alleged involvement in the 2008 Mumbai terror attack.

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Assistant US attorney John J Lulejian in his submission said that the 59-year-old Rana had met all the criteria to be extradited to India to be tried.

"The United States respectfully requests that following the April 22, 2021, extradition hearing, the Court certify India's request for Rana's extradition for the Secretary of State's surrender decision," Lulejian said.

Rana, who was a childhood friend of David Coleman Headley, was re-arrested on June 10 in Los Angeles on an extradition request by India. Lulejian added that the criteria warranting certification of extradition was satisfied in this case.

Rana has been declared a fugitive by India.

"Fugitive Tahawwur Hussain Rana is wanted in India to stand trial for offences related to his role in the 2008 terrorist attacks in Mumbai, India, that resulted in the death of 166 people, the injury of 239 people, and the damage to property in excess of $ 1.5 billion," Lulejian said.

India's extradition request contains evidence to establish probable cause that the individual appearing in court is the fugitive who committed the offence for which extradition is requested, Lulejian said.

In his court submission, Rana's attorney had argued that Rana's extradition is barred under Article 6 of the United States-India extradition treaty as he had previously been acquitted of the offences for which his extradition was sought, and under Article 9 of the treaty because the government has not established probable cause to believe that Rana committed the alleged offences.

"Rana's attempts to undermine India's evidence of probable cause by questioning the credibility of the key witness, David Headley. Not only is Rana's challenge improper in this extradition proceeding but his claims are also not supported by the law or the evidence," Lulejian said.

The US district court judge in Los Angeles has scheduled Rana's extradition hearing for April 22.