Rana has filed a petition in the US Supreme Court, citing health concerns and fears of torture in India, claiming he may not survive long enough to face trial.
Tahawwur Rana, accused in the Mumbai terror attacks, has appealed to the US Supreme Court, seeking an emergency stay on his extradition to India in a final attempt.
Rana said in his application that because he was a Muslim of Pakistani descent, there was a significant chance that he would be tortured in India.
Currently, 63-year-old Tahawwur Rana is being held in a Los Angeles jail. He has been linked to David Headley, a terrorist with the Lashkar-e-Taiba (LeT) who was a key conspirator in the Mumbai attacks that claimed 166 lives.
Rana claimed in his petition that he had several illnesses, such as a bladder malignancy, Parkinson's disease with cognitive deterioration, and an advanced heart aneurysm. Rana might not live long enough to stand trial, according to his attorneys.
A "hornet's nest" where he would be identified as a "target of national, religious, and cultural animosity" is not something that Rana's legal team can tolerate.
The 2023 Human Rights Watch study, which claimed that the BJP-led government in India was systematically stigmatizing and discriminating against religious minorities, especially Muslims, was cited in the application. India has dismissed the report as unfounded.
The plea also claimed that Rana's right to a fair trial would be compromised since the Indian government was becoming "increasingly autocratic."
Rana's review petition was denied by the US Supreme Court on Jan 21.
During the visit of Prime Minister Narendra Modi to the United States last month, President Donald Trump said that his government had authorized the extradition of Rana, whom he described as "very evil."
All legal paperwork has been shared with US authorities, according to government sources. Once clearance is obtained, a team from the National Investigation Agency (NIA) will visit the US.
Rana was one of nine people charged by the NIA in 2011 with planning and carrying out the Mumbai terror attacks.
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