Rana had then renewed his Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website had noted that Rana’s renewed application has been distributed for Conference on April 4 and the application has been referred to the Court.
A notice on the Supreme Court website Monday said that his application is “denied” by the court.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13, 2025 petition for a writ of habeas corpus asserting, inter alia, that his extradition to India violates United States law implementing the terms of the United Nations Convention Against Torture, because there are substantial grounds for believing that, if extradited to India, petitioner will be in danger of being subjected to torture.
The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks, the application said.
The application also said that his severe medical conditions render extradition to Indian detention facilities a de facto” death sentence in this case.
It cited medical records from July 2024 that confirm Rana has multiple acute and life-threatening diagnoses, including multiple documented heart attacks, Parkinson’s disease with cognitive decline, a mass suggestive of bladder cancer, stage 3 chronic kidney disease, and a history of chronic asthma, and multiple COVID-19 infections.
Accordingly, petitioner certainly has raised a credible, if not compelling, factual case that there are indeed substantial grounds for believing he would be in danger of torture if surrendered to Indian authorities.
“Further, because of his Muslim religion, his Pakistani origin, his status as a former member of the Pakistani Army, the relation of the putative charges to the 2008 Mumbai attacks, and his chronic health conditions he is even more likely to be tortured than otherwise would be the case, and that torture is very likely to kill him in short order.
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