TOI Correspondent from Washington: Citing possible torture and execution by Indian authorities, Tahawwur Rana, a former Pakistani Army veteran involved in the 26/11 terror attack on Mumbai, has filed an emergency appeal before the US Supreme Court seeking a stay on his extradition to India, even as Islamabad handed over to the US another terrorist wanted by Washington.
Seeking an emergency stay of his imminent extradition already announced by President Trump during Prime Minister Modi’s recent visit to Washington, Rana’s attorneys on Wednesday cited a UK case (Sanjay Bhandari v Government of India) in which a London court denied extradition on similar grounds, because there was “a real risk of his being subjected to torture or to inhuman or degrading treatment or punishment.”
The US Supreme Court had previously rejected on January 21 Rana’s review petition to stay the extradition, but his attorneys returned to the apex court this week to file a last-ditch emergency appeal arguing that if extradited to India, he faces a high likelihood of torture due to his identity as a Muslim of Pakistani origin, his former status as a Pakistani Army member, and his chronic health conditions.
“Rana now faces the prospect of transfer to a country where his birthplace (Pakistan), his religion (Muslim), and the nature of the charges (terrorist murder of 166 people) mark him for likely abuse–followed, if he survives pretrial incarceration, by a trial with a predictable result and execution by hanging, per India Code of Criminal Procedure § 354(5),” his attorneys said.
In a supplement to the emergency application for stay before SC Associate Justice Elena Kagan, they appended the UK case reference where Sanjay Bhandari won reprieve to face charges of money laundering and tax evasion, although Rana faces terrorism-related charges.
“The Bhandari decision demonstrates that petitioner’s fears of being subjected to torture, likely to result in death, are well-founded as evidenced by the U.K. courts’ refusal to extradite to India an individual charged merely with financial crimes unaccompanied by any high-profile, overarching religious, ethnic, or national considerations that would make the individual a particular focus of scorn or animus,” Rana’s attorneys argued.
The Supreme Court has taken this application on record, but a hearing date is yet to be set, delaying an extradition that Trump himself confirmed on February 13 at a joint press conference with Modi. The case has now dragged on for almost four years with the accused delaying his extradition with legal stratagems that would have cost him hundreds of thousands of dollars.
The latest ploy came hours after Pakistan extradited to the US Mohammed Shareefullah, an alleged terrorist the Trump administration said is wanted in the Abbey Gate attack in Kabul which killed 13 American personnel and 170 Afghans.
While Trump himself mentioned the handover in his joint address to Congress on Tuesday — saying “he is right now on his way here to face the swift sword of American justice,” — to highlight his administration’s resolve, a former CIA officer claimed Shareefullah had nothing to do with the Abbey Gate attack, which she said was masterminded by Sirajuddin Haqqani and Sanaullah Ghafari.
“So why was a fake mastermind detained and extradited to the U.S.—and who is telling our American President
@realdonaldtrump it was someone else?” Sarah Adams, a self-described CIA alum who tracks terrorism issues in the region asked in post on X. Indian sources believe Pakistan is trying to delay the extradition of one of its military alums given the precedent it would set, by throwing Shareefullah under the bus.
In a Fox News interview, CIA Director John Ratcliff, a Trump loyalist, revealed that was on the phone on his second day in office with his ISI counterpart to underscore the need for cooperation on the issue of terrorism. Ratcliffe himself — accompanied by FBI Director Kash Patel and DNI chief Tulsi Gabbardm went to the airport to oversee the Shareefullah handover.
Soon after Shareefullah’s extradition, Pakistan Prime Minister Shehbaz Sharif thanked Trump “for acknowledging and appreciating Pakistan’s role and support in counter terrorism efforts across the region, in the context of Pakistan Security Forces’ recent apprehension of ISKP’s top tier operational commander Shareefullah, who is an Afghanistan National.”
“As is well-known, Pakistan has always played a critical role in counter terrorism efforts aimed at denying safe havens to terrorists and militant groups the space to operate against any other country. We remain steadfast in our resolve and unwavering commitment to combating terrorism, in all its forms and manifestations,” he added.
Such commitment evidently does not extend to India.