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Tahawwur Rana’s lawyer wrote last minute letters to Marco Rubio’s office to save him
HT has accessed the letters exchanged between Tahawwur Rana’s lawyer John D Cline and secretary of state Marco Rubio’s office
Around the time the Donald Trump administration approved the extradition of Tahawwur Rana to India in February this year, his lawyer John D Cline made last ditch attempts to save him by writing a letter to secretary of state, Marco Rubio, citing his health and possibility of torture in India but the latter’s office put its foot down.
Rather, Rubio’s office said that the decision to send Rana to India complies with the obligations under United Nations’ Convention Against Torture (CAT). The decision was also endorsed by the district judge and ninth circuit court of California, which originally denied his pleas against extradition in 2023 and 2024, respectively.
HT has accessed these letters exchanged between Cline and Rubio’s office about a couple of months ago, as well as district judge and ninth circuit court’s opinion.
On the same day the U.S Supreme Court rejected Rana’s plea against extradition, on January 21 this year, Cline wrote to Rubio requesting him to “deny surrender of his client for extradition to India” and sought an opportunity to meet Rubio to explain in more detail the basis of his request.
Cline sought the relief for Rana on four grounds – “he was previously tried and acquitted in a federal court in Chicago for the same conduct” – his alleged assistance in Mumbai attacks; “he played at most a peripheral role in David Headley’s plot”, “human rights record and jail conditions in India” and his “deteriorating health”.
“Dr Rana’s extradition to India would mark the first time in this country’s history that a person tried and acquitted in a United States court was surrendered to another country to face a second trial for the same conduct on which an American jury acquitted him. Extraditing Rana to face the death penalty in India would set a shocking precedent that would call into question the finality of what has until now been sacrosanct: acquittal by a jury of ordinary American citizens following a full and fair trial,” Cline said in his January 21 letter.
Citing the U.S government’s annual human rights reports, Cline added - “Rana is sure to suffer the harshest and most degrading treatment Indian authorities can inflict”.
Further, he said Rana’s health “has deteriorated over the years and that he was diagnosed in 2024 with Parkinson’s disease, has stage 3 chronic kidney disease (CKD), and suffered two heart attacks” and “given inhumane conditions in Indian prisons...it is almost certain that Dr Rana would die in India while awaiting trial”.
The lawyer also referred to two similar letters he had written to the former Secretary of State Anthony J Blinken on August 14, 2023, and again on August 16, 2024.
Responding to Cline’s letter, Oliver Lewis, assistant legal adviser – law enforcement and intelligence – on behalf of Rubio, wrote on February 11, 2025 (the day Rubio signed the extradition order) - “As the official responsible for managing the department’s extradition responsibilities, I confirm that the decision to surrender Mr Rana to India complies with the United States’ obligations under the convention (CAT) and its implementing statute and regulations”.
On Cline’s concerns regarding Rana’s health, Lewis said - “if there is any additional or updated medical information you would like us to share with the government of India to facilitate its planning for his treatment during his transit to India and his arrival in India, we would be happy to provide that to Indian authorities”.
“However, with the issuance of this warrant, Mr Rana may be surrendered to Indian authorities at any time, so we would need to receive any such information as soon as possible,” Lewis wrote in his communication.
Subsequently, on February 19, 2025, Dale S Fischer - United States district Judge at district court of California (who had refused to entertain Rana’s plea of habeas corpus in August 2023) denied the accused’s ex-parte plea saying, “he has virtually no chance of success on the merits of his petition”.
Similarly, the court of appeals for the ninth circuit, on February 21, 2025, endorsed Rubio’s extradition decision and said, “Rana’s counterarguments are unpersuasive”. The ninth circuit court had earlier, in August 2024, rejected Rana’s plea against extradition.
Rana was handed over to a team of the National Investigation Agency (NIA) on Wednesday and brought to Delhi on Thursday evening. He is currently being interrogated on his association of Pakistani army handlers, Lashkar-e-Taiba (LeT) leaders who were part of 26/11 Mumbai attacks conspiracy after taking his 18-day custody from a Delhi court.
Rubio said in a post on X on Friday - “We extradited Tahawwur Hussain Rana to India to face charges for his role in planning the horrific 2008 Mumbai terrorist attacks. Together, with India, we’ve long sought justice for the 166 people, including 6 Americans, who lost their lives in these attacks. I’m glad that day has come”.
As reported by HT, the National Investigation Agency (NIA) has a “protected witness” in the case who had received David Headley in September 2006 in Mumbai and arranged accommodation and logistics for him at Rana’s behest. This witness is likely to be confronted with Rana.
