New Delhi: The United States Supreme Court has denied a writ from Pakistani-Canadian businessman Tahawwur Rana, challenging his conviction in the 26/11 Mumbai attacks case, thereby clearing the way for his extradition to India, according to people familiar with the development.

Rana, 62, is wanted in connection with the 26/11 Mumbai terror attacks, and his extradition to India was first ordered by a US district court in May 2023. After losing his legal battle in lower courts and several federal courts, including the US Court of Appeals for the Ninth Circuit in San Francisco, Rana filed a petition for a writ of certiorari before the Supreme Court on November 13 last year.

On January 21, a day after Donald Trump was sworn in as the President of the United States, the Supreme Court denied his certiorari petition.

Officials in India said the US Supreme Court’s decision could allow Rana to face the Indian criminal justice system soon. “It’s a huge victory (for Indian agencies). Bringing Rana to India would mean a key co-conspirator could soon face the Indian criminal justice system. He went to multiple courts in the US to avoid his extradition, but the evidence submitted regarding his involvement was irrefutable, and ultimately, he is one step closer to being sent to India,” said a senior MHA official, who requested anonymity.

The official added that the next step after the SC denying Rana’s review petition is that the extradition order will be sent to the US Secretary of State, who will certify it for extraditing the fugitive.

The Pakistan-based Lashkar-e-Taiba carried out the massive terrorist attack in Mumbai, including at the Taj Mahal Palace Hotel, between November 23 and 29, 2008, resulting in the deaths of 166 people and injuring 239. According to prosecutors, Rana praised the terrorists who carried out the attacks, stating that the people of India “deserved it.”

The US Federal Bureau of Investigation (FBI) arrested Rana in Chicago in October 2009 for providing material support to conspiracies to commit terrorist acts outside the US, including in Mumbai and Copenhagen. He was convicted in 2013 of conspiracy to provide support to a plot to commit murder in Denmark, including the beheading of employees of the Danish newspaper Morgenavisen Jyllands-Posten.

In June 2020, India requested Rana’s provisional arrest for his extradition, and the Joe Biden administration supported it.

During the court proceedings, federal prosecutors argued that Rana was aware that his childhood friend, David Coleman Headley, was involved with Lashkar-e-Taiba, and that by assisting Headley and providing cover for his activities, he was supporting the terrorist organisation and its associates. Rana knew of Headley’s meetings, what was discussed, and the planning of the attacks, including some of the targets. Investigators stated that Rana helped Headley with reconnaissance of targets in Mumbai and allegedly planned attacks on the National Defence College (NDC) and Chabad Houses.

The US government said that Rana was part of the conspiracy and that there is probable cause to believe he committed the substantive crime of commissioning a terrorist act.

The National Investigation Agency (NIA), which is investigating the 26/11 attacks, had sent a team to the US several times to assist US prosecutors.