Court allows Tahawwur Rana more time to file motion against extradition to India

A court in the United States has allowed Canadian businessman Tahawwur Rana time till November 9 to file a motion against his extradition to India to face a trial in the 2008 Mumbai terror attackIn August Rana 62 had appealed before the Ninth Circuit Court against the order by a US District Court in the Central District of California that denied the writ of habeas corpusPTI reported that The Ninth Circuit Court agreed to his request for more time to file his motion which was initially set for October 10 According to the latest court order Ranas brief is now due on November 9 and the governments answer will be due on December 11 2023Earlier on August 18 the report said the court had granted Ranas motion for a stay of extradition so that his appeal could be heard by the US Court of AppealsRana who is currently detained at the Metropolitan Detention Centre in Los Angeles faces multiple charges for his role in the Mumbai attacks and is known to be associated with PakistaniAmerican terrorist David Coleman Headley one of the main conspirators of the 2611 strikesAlso read Mumbai 7 dead 51 injured as massive fire breaks out in GoregaonFollowing his request Judge Fischer from the US Court of Appeals for the Ninth Circuit had asked Rana to submit his argument before October 10 and the US Government was asked to submit its response by November 8Judge Fischer wrote that Rana has shown that he is likely to suffer significant irreparable harm absent a stayHe will be extradited to India for a trial on serious crimes with no hope for a review of his arguments or hope for his return to the United States The government admits this but then argues that because iquestthis claimed irreparable harm applies categorically to any fugitive who seeks a stay of extradition pending appeal it does not count the judge had saidEarlier US attorney John J Lulejian had appealed before the district court to deny Ranas exparte application for a stay of extradition pending appeal and argued that the stay would cause ldquounwarranted delayrdquo in the United States fulfilment of its obligations to India and this will damage its credibility in the international arena and impair its ability to obtain the cooperation of foreign nations in bringing United States fugitives to justiceRana he argued cannot show a likelihood of success on the merits of his claims or otherwise meet his burden of justifying a stayldquoAccordingly the United States respectfully requests that the court deny his ex parte applicationrdquo the US attorney wroteLulejian argued that the district court should deny Ranas request for a stay for the threshold reason that he has failed to demonstrate that he is likely to obtain a reversal of this Courts decision in the Ninth CircuitIn his exparte application for a stay Rana has made no showing whatsoever let alone a strong showing that he is likely to succeed on the merits of his appeal he argued Indeed he simply states that he seeks a stay ldquoto permit his nonbis in idem argument to be heard by the court of appealsrdquoA total of 166 people including six Americans were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60hour siege attacking and killing people at iconic and vital locations of MumbaiIndias National Investigation Agency NIA is probing Ranas role in the 2611 attacks carried out by terrorists of the Pakistanbased LashkareTaiba group The NIA has said that it is ready to initiate proceedings to bring him to India through diplomatic channels PTI