Can extradite Rana, not Headley in Mumbai attacks case: Lawyer
Mumbai terrorist attack convict David Headley cannot be extradited to India, but Pakistani-origin Canadian businessman co-conspirator Tahawwur Rana faces extradition, a US attorney has told a federal court while opposing his bail plea.
Rana, 59, a childhood friend of Headley, was recently rearrested on June 10 in Los Angeles on an extradition request by India for his involvement in the 2008 Mumbai terror attack in which 166 people, including six Americans, were killed. He is a declared fugitive in India.
According to the federal prosecutors, between 2006 and November 2008, Rana conspired with Headley, also known as “Daood Gilani”, and others in Pakistan to assist Lashkar-eTaiba (LeT) and Harakat ul-Jihad-e-Islami, both US-designated terrorist organisations, to plan and carry out the attacks. Headley was involved in plotting the 2008 Mumbai terror attack. He was made an approver in the case, and is currently serving a 35-year prison term in the US for his role in the attack.
The US is yet to file India’s request for Rana’s extradition, but is expected to do it soon. It is evident that the offences for which Rana was tried in the Illinois court will differ from the Indian offences mentioned in the complaint.
Rana in his defence has argued that US’ decision not to extradite his co-conspirator, Headley, to India is inconsistent and bars his extradition. However, Assistant US Attorney John J Lulejian told a federal court in Los Angeles on Friday that unlike Rana, Headley immediately accepted responsibility for his conduct and pleaded guilty to all of the charges in the Superseding Indictment.
“Because Headley fulfilled the required terms, the plea agreement established that Headley would not be extradited to India. Rana’s situation is different because he neither pleaded guilty nor cooperated with the United States.
“As a result, he is unable to avail himself of the benefits afforded to Headley through his negotiated plea. Thus, he cannot complain that he faces extradition, while his co-defendant does not,” the US attorney said.
Rana’s bail application is due for hearing next week.
Early this week, his attorney told the court that the 26/11 convict is not a flight risk and has proposed a $ 1.5 million bond for his release.