NEW DELHI // A recent verdict in a terrorism trial in Chicago could hinder the Indian government's attempts to prosecute suspects in the November 2008 terrorist attacks in Mumbai, legal analysts said.
Last Thursday, Tahawwur Hussain Rana, a Chicago-based businessman, was found by a jury to be guilty of collaborating with the Pakistan-based terrorist group Lashkar-i-Taiba and of helping to plan an aborted attack on the offices of a Danish newspaper.
For these two convictions, he received a sentence of 30 years' imprisonment. His lawyers have indicated that he will appeal against the convictions, believing that the jury "got it wrong".
Rana was, however, acquitted of the charges that he also provided "material support in preparation for and in carrying out the Mumbai attacks".
Six other people, including one member of Pakistan's Inter Services Intelligence (ISI) agency known only as Major Iqbal, were named in absentia in the indictment.
Further, one of the key witnesses in the trial, the Pakistani-American David Headley, who admitted to helping plan the Mumbai attacks, is the beneficiary of a deal struck with US prosecutors. In return for his evidence against Rana and the Lashkar-i-Taiba, Headley will now escape extradition to Pakistan, India or Denmark.
American prosecutors have defended this plea agreement, saying that Headley provided important information to the Federal Bureau of Investigation.
In a statement, the Indian government expressed "disappointment" over Rana's acquittal in the Mumbai attacks conspiracy. "However, it must be remembered that Rana was tried in a US court in accordance with US law," the statement said. "Criminal trials in the US are jury trials and there are special rules governing such jury trials."
Ujjwal Nikam, the public prosecutor in the Mumbai attacks trial in India, told reporters after the verdict was announced: "When Rana has been held guilty of assisting the Lashkar-i-Taiba and guilty of supporting terrorist acts in Denmark, how have they separated him from the Mumbai attacks? It appears that there are some apparent contradictions in this verdict."
The Indian government, in its official statement, said that India's National Investigation Agency, which has requested some of the documents and evidence produced during the Chicago trial, would soon come to a decision "on filing a charge sheet against Headley, Rana and others in an Indian court". No decision has been made as yet on an extradition request.
The verdict in Chicago is, of course, not binding on Indian courts, as Tanveer Ahmed Mir, a New Delhi-based specialist in criminal litigation, pointed out. "But India has a bad record at extraditions," Mr Mir said. "And my own opinion is, if a US court has acquitted Rana, the Indian government will have virtually no case. I don't think the investigating agencies here would have more or different evidence than that presented by the prosecutors in the US court."
Mr Mir did point, however, to the case of Abu Salem, a noted underworld figure who was successfully extradited from Portugal to India in November 2005.
Salem and his girlfriend were arrested in Lisbon in 2002 for travelling on fake passports. At the time, Salem was already wanted in India for his connection with a series of 13 bomb explosions that were triggered in a single day in Mumbai in 1993, killing 250 people.
Salem was deported to India at the end of a three-year process, after requests for extradition were initially turned down by Portuguese courts.
"The case of Abu Salem is, in some sense, similar to the Rana case," Mr Mir said. "But the Indian authorities will need to go in with much stronger evidence. Right now, the case against Rana is based largely on confessional statements of David Headley, and India will need more than that if an extradition request is to be successful."
But B Raman, a former intelligence official and a counter-terrorism analyst, said that India would be hard-pressed in any extradition appeal it chooses to file.
"Under the American concept of double jeopardy, a suspect, once acquitted, cannot be tried again on the same charge," Mr Raman said. "So it'll be up to Indian authorities to figure out whether they can try Rana under a different section of the penal code."
Mr Raman said he was "not very optimistic" about India's attempts to prosecute Rana.
"If the court has said there's no case against Rana, then, in American eyes, the case against the others suspected in the Mumbai attacks conspiracy will also grow weaker, so we can't be sure that America will ask for these other suspects to be extradited from Pakistan," he said. "And India will have to depend on America to put pressure on Pakistan to deport these subjects to be tried anywhere. The process has just become more complicated."
SSubramanian@thenational.ae
In numbers
Number of Chinese tourists coming to UAE in 2017 was... 1.3m
Alibaba’s new ‘Tech Town’ in Dubai is worth... $600m
China’s investment in the MIddle East in 2016 was... $29.5bn
The world’s most valuable start-up in 2018, TikTok, is valued at... $75bn
Boost to the UAE economy of 5G connectivity will be... $269bn
Moon Music
Artist: Coldplay
Label: Parlophone/Atlantic
Number of tracks: 10
Rating: 3/5
The specs
Engine: Long-range single or dual motor with 200kW or 400kW battery
Transmission: Single-speed automatic
Max touring range: 620km / 590km
Price: From Dh250,000 (estimated)
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EA Sports FC 25
Developer: EA Vancouver, EA Romania
Publisher: EA Sports
Consoles: Nintendo Switch, PlayStation 4&5, Xbox One and Xbox Series X/S
Rating: 3.5/5
The story of Edge
Sheikh Mohamed bin Zayed, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the Armed Forces, established Edge in 2019.
It brought together 25 state-owned and independent companies specialising in weapons systems, cyber protection and electronic warfare.
Edge has an annual revenue of $5 billion and employs more than 12,000 people.
Some of the companies include Nimr, a maker of armoured vehicles, Caracal, which manufactures guns and ammunitions company, Lahab
UAE v Zimbabwe A, 50 over series
Fixtures
Thursday, Nov 9 - 9.30am, ICC Academy, Dubai
Saturday, Nov 11 – 9.30am, ICC Academy, Dubai
Monday, Nov 13 – 2pm, Dubai International Stadium
Thursday, Nov 16 – 2pm, ICC Academy, Dubai
Saturday, Nov 18 – 9.30am, ICC Academy, Dubai
WWE Evolution results
- Trish Stratus and Lita beat Alicia Fox and Mickie James in a tag match
- Nia Jax won a battle royal, eliminating Ember Moon last to win
- Toni Storm beat Io Shirai to win the Mae Young Classic
- Natalya, Sasha Banks and Bayley beat The Riott Squad in a six-woman tag match
- Shayna Baszler won the NXT Women’s title by defeating Kairi Sane
- Becky Lynch retained the SmackDown Women’s Championship against Charlotte Flair in a Last Woman Standing match
- Ronda Rousey retained the Raw Women’s title by beating Nikki Bella
COMPANY PROFILE
Name: HyperSpace
Started: 2020
Founders: Alexander Heller, Rama Allen and Desi Gonzalez
Based: Dubai, UAE
Sector: Entertainment
Number of staff: 210
Investment raised: $75 million from investors including Galaxy Interactive, Riyadh Season, Sega Ventures and Apis Venture Partners
The%20specs
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The specs
Engine: 1.5-litre 4-cylinder petrol
Power: 154bhp
Torque: 250Nm
Transmission: 7-speed automatic with 8-speed sports option
Price: From Dh79,600
On sale: Now
Company%20Profile
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'Texas Chainsaw Massacre'
Rating: 1 out of 4
Running time: 81 minutes
Director: David Blue Garcia
Starring: Sarah Yarkin, Elsie Fisher, Mark Burnham
The%20specs
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KEY%20DATES%20IN%20AMAZON'S%20HISTORY
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UFC%20FIGHT%20NIGHT%3A%20SAUDI%20ARABIA%20RESULTS
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COMPANY PROFILE
Initial investment: Undisclosed
Investment stage: Series A
Investors: Core42
Current number of staff: 47
Joker: Folie a Deux
Starring: Joaquin Phoenix, Lady Gaga, Brendan Gleeson
Director: Todd Phillips
Rating: 2/5
Specs%3A%202024%20McLaren%20Artura%20Spider
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SPECS
Engine: 4-litre V8 twin-turbo
Power: 630hp
Torque: 850Nm
Transmission: 8-speed Tiptronic automatic
Price: From Dh599,000
On sale: Now
SPECS
Engine: Two-litre four-cylinder turbo
Power: 235hp
Torque: 350Nm
Transmission: Nine-speed automatic
Price: From Dh167,500 ($45,000)
On sale: Now
The specs
Engine: 77.4kW all-wheel-drive dual motor
Power: 320bhp
Torque: 605Nm
Transmission: Single-speed automatic
Price: From Dh219,000
On sale: Now
THE SPECS
Engine: Four-cylinder 2.5-litre
Transmission: Seven-speed auto
Power: 165hp
Torque: 241Nm
Price: Dh99,900 to Dh134,000
On sale: now
BUNDESLIGA FIXTURES
Friday Stuttgart v Cologne (Kick-off 10.30pm UAE)
Saturday RB Leipzig v Hertha Berlin (5.30pm)
Mainz v Borussia Monchengladbach (5.30pm)
Bayern Munich v Eintracht Frankfurt (5.30pm)
Union Berlin v SC Freiburg (5.30pm)
Borussia Dortmund v Schalke (5.30pm)
Sunday Wolfsburg v Arminia (6.30pm)
Werder Bremen v Hoffenheim (9pm)
Bayer Leverkusen v Augsburg (11.30pm)