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WASHINGTON, Aug. 22, 2023

From our Overseas Bureau

Overriding the Biden Administration’s appeal, a United States’ court has ordered a stay on the extradition of Pakistani-origin Canadian businessman Tahawwur Rana, to India where he is facing a trial for his involvement in the 2008 Mumbai Terror Attack.

Rana has appealed before Ninth Circuit Court against the order by a U.S. District Court in the Central District of California that denied the writ of habeas corpus.

District Judge Dale S. Fischer of the U.S. District Court in Central California in his latest order said that Rana’s ex parte application seeking a stay on his extradition is granted.

The extradition of Rana to India is stayed pending the conclusion of his appeal before United States’ Court of Appeals for the Ninth Circuit, Judge Fischer said in the order issued on August 18, 2023.

In doing so the judge overrode the government’s recommendations that there should be no stay on Rana’s extradition.

Rana faces charges for his role in Mumbai attacks and is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 Mumbai attacks.

While the Court does not find that Rana has made a strong showing that he is likely to succeed on the merits, otherwise the Court would have ruled in his favour in the first instance – he has certainly raised serious legal questions going to the merits, judge wrote.

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