Rana Argues Extradition to India Poses Torture Risk Due to Severe Health Conditions
New York, March 7 – Tahawwur Rana, the 64-year-old accused in the Mumbai terror attacks, has filed a renewed request seeking a stay on his extradition to India. This request, directed to Chief Justice John Roberts, follows a rejection by the U.S. Supreme Court of Rana's earlier emergency application.
Rana, a Canadian national originally from Pakistan, is currently incarcerated at the Metropolitan Detention Center in Los Angeles. His legal team submitted the renewed "Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus," following an earlier denial issued by Associate Justice Elena Kagan.
Supreme Court Denies Initial Emergency Request
On February 27, Rana's attorneys filed an initial emergency application with Justice Kagan, who oversees the Ninth Circuit. According to a Supreme Court notice dated March 6, Justice Kagan formally denied Rana's application.
The renewed submission explicitly seeks Chief Justice Roberts’ intervention, requesting that he stay Rana’s extradition and surrender to India until all legal appeals, including a pending habeas corpus petition filed on February 13, are fully resolved.
Rana Cites Potential Torture and Severe Health Risks
In the habeas petition, Rana’s counsel argued that extraditing their client violates both United States laws and the United Nations Convention Against Torture. They claim substantial risks exist that Rana would face torture upon extradition, largely due to his Pakistani heritage and Muslim faith, especially given the nature of the charges connected to the 2008 Mumbai terrorist attacks.
The application detailed Rana’s severe medical conditions, asserting that these ailments effectively render extradition a "de facto death sentence." Medical records from July 2024 show that Rana suffers from several life-threatening conditions, including:
- Multiple documented heart attacks
- Parkinson’s disease with cognitive decline
- Potential bladder cancer
- Stage 3 chronic kidney disease
- Chronic asthma
- Repeated COVID-19 infections
Given these circumstances, Rana’s attorneys contend that extradition could result in rapid health deterioration, potentially leading to his death before any trial takes place in India.
State Department Decision Under Scrutiny
Rana’s extradition authorization came shortly before Indian Prime Minister Narendra Modi’s visit to Washington to meet President Donald Trump. On February 11, Secretary of State Marco Rubio officially approved Rana's extradition, as disclosed in a Department of State letter to Rana’s legal counsel.
Rana's attorneys subsequently requested the full administrative record that supported Rubio’s decision, as well as any assurances received from India regarding Rana’s treatment upon extradition. However, the U.S. government has declined to release such information, according to court documents.
Urgent Appeal for Judicial Review
Rana’s lawyers argue that denying the stay could permanently prevent further judicial review, effectively handing Rana a fatal outcome. The application emphasizes the gravity of the situation, stating: "The stakes are enormous for him. The very least the U.S. courts owe the petitioner is a full chance to litigate these issues, including exercising their appellate rights, before he is consigned to the fate that awaits him at the hands of the Indian government."
The petition further urges the court to provide Rana sufficient opportunity for legal recourse at multiple judicial levels, up to and including the U.S. Supreme Court, before any final extradition takes place.
During a joint press conference at the White House last month, President Trump publicly confirmed approval of Rana’s extradition to India, heightening the immediacy of Rana’s appeal.
Rana now awaits Chief Justice Roberts’ decision on the renewed application, with critical implications for both international law and bilateral U.S.-India relations.
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