“Potential Loss of life Penalty Awaits In India”: US Courtroom Rejects Pak-Origin 26/11 Plotter’s Bail

Washington:

A US court docket has rejected the USD 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 through which 166 folks, together with six Individuals, had been killed.

He’s a declared fugitive in India.

US District Courtroom Choose 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 had been to flee to Canada, he might escape the opportunity of a dying sentence in India.

“Given the stakes, an allowance of bail in any quantity wouldn’t assure Rana’s presence in court docket. Granting bail would invite the opportunity of embarrassing the US within the conduct of its international affairs, straining its relationship with India,” Assistant US Legal professional John J Lulejian had instructed the court docket.

However, Rana’s legal professional instructed the court docket that the 26/11 accused isn’t a flight danger and has proposed a USD 1.5 million bond for his launch.

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

Whereas Rana “has introduced a strong bail package deal and proffered situations which considerably mitigate the chance of flight, the court docket can’t discover that he has negated the chance of flight and accordingly grants the Detention Request (of the federal government) on that foundation,” Choose Chooljian mentioned.

For somebody going through conspiracy to homicide and homicide expenses in India, the motivation to flee to keep away from extradition is robust, the court docket mentioned.

Pakistan-born Rana accomplished Military Medical School there, and served within the Pakistani Military as a physician for greater than a decade, however ultimately abandoned.

He’s at the moment a Canadian citizen, however was a resident of Chicago the place he had a enterprise. In response 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 may successfully keep away from publicity to the dying penalty as such nation’s extradition treaty with India incorporates 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 except India provides assurances that a dying penalty wouldn’t be executed, federal prosecutors had mentioned.

“There is no such thing as a query within the court docket’s thoughts that given Rana’s important international ties, significantly to Canada, and the potential dying penalty awaiting him in India if he’s extradited on and convicted of probably the most severe pending expenses, he’s a flight danger,” the court docket mentioned.

In response 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 destructive within the final three exams on June 13, June 15 and June 25.

In response to the federal prosecutors, between 2006 and November 2008, Rana conspired with David Headley, also referred to 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 David 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 various offences, together with the conspiracy to commit homicide, conspiracy to commit forgery for the aim of dishonest, and homicide beneath related sections of the Indian Penal Code (IPC). He’s looked for his function in 2008 terrorist assaults in Mumbai.

The 2008 Mumbai assault was one among India’s most horrific terrorist assaults through which 166 folks had 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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