• By Abhirupa Kundu
  • Fri, 06 Oct 2023 09:14 AM (IST)
  • Source:JND

A US Federal Court has allowed 26/11 accused Tahawwur Rana more time to file his motion against extradition to India where he is facing a trial for his involvement in 2008 Mumbai terror attack. Rana had appealed before the Ninth Circuit Court against the order by a US District Court, in August  that denied the writ of habeas corpus. Earlier this week, the Ninth Circuit Court agreed to his plea for more time to file his motion, which was initially set for October 10.

According to the latest court order, Rana's brief is now due on November 9 and the government's answer will be due on December 11, 2023. 

In August, the court had granted Rana's motion for a stay of extradition so that his appeal could be heard by the US Court of Appeals. 

Rana has multiple charges registered against him for his role in the Mumbai attacks and is known to be associated with Pakistani-American terrorist David Coleman Headly, one of the main conspirators of the 26/11 strikes. 

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Following 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 8.

Fischer in his report wrote that Rana has shown that he is likely to suffer significant irreparable harm absent a stay. 

He 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 “this claimed irreparable harm applies categorically to any fugitive who seeks a stay of extradition pending appeal,” it does not count, the judge had said.

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The National Investigation Agency (NIA) is investigating Rana's role in the 26/11 attacks carried out by terrorists of the Pakistan-based Lashkar-e-Taiba group. The NIA has said that it is ready to initiate proceedings to bring him to India through diplomatic channels.