NIA Allows VanDyke, 6 Ukrainians To Leave India; UAPA Probe Against Them Continues

The National Investigation Agency (NIA) did not oppose US national Mathew Aaron VanDyke and six Ukrainian nationals leaving India while keeping its Unlawful Activities (Prevention) Act (UAPA) investigation against them open. The agency agreed to their travel after they furnished personal undertakings and provided residential addresses and contact details.

A Delhi court on Friday allowed VanDyke and the six Ukrainians to travel to their respective countries for one month, subject to the condition that they join the NIA investigation through video-conferencing whenever required. VanDyke left for Washington on Friday evening and has booked a return flight to India for October 21.

The development has sparked a political controversy, with the Congress questioning the circumstances surrounding VanDyke’s release.

NIA’s Allegations Against Seven Accused

The federal anti-terror agency had alleged that VanDyke and the six others spent nearly three months training members of Myanmar-based ethnic armed groups, including the Chin National Front (CNF) and the Kachin Independence Army (KIA), in drone warfare, drone operations, assembly and jamming technology.

The NIA had also alleged that the group received logistical support from CNF members and that the mission was financed through funds arranged by a commander of a Myanmar-based rebel group.

Special Public Prosecutor Rahul Tyagi, appearing for the NIA, told the court that the UAPA investigation would take time to complete. Citing instructions from the agency, he said the accused could be permitted to travel after furnishing necessary undertakings along with their residential addresses, phone numbers and email details.

An NIA spokesperson did not respond to queries about the agency’s position or the allegations raised by the Congress.

An officer familiar with the developments, speaking on condition of anonymity, said establishing the alleged terror conspiracy conclusively would be difficult without obtaining evidence from Myanmar, where the alleged activities took place.

“This means we don’t have a definite timeline to conclude the UAPA probe,” the officer said, adding that the accused had already been discharged under the Immigration and Foreigners Act.

Court Says Physical Presence Not Currently Required

The court noted in its order that the NIA had not argued that the accused needed to remain physically present in India in the immediate future.

The court said the UAPA investigation was continuing and that the NIA would require time to complete it. It also noted that the court could not direct the agency to conclude the investigation within a specific period.

The court further observed that it was not the NIA’s case that the physical presence of VanDyke and the other accused would be required in the near future to complete the investigation.

The accused were therefore allowed to return to their respective countries for one month and directed to come back to India within that period.

Seven Accused Arrested In March

The NIA had earlier filed a chargesheet against the seven on September 8 under the Immigration and Foreigners Act. The case was compounded by the Foreigners Regional Registration Office (FRRO), with each accused paying a fine of ₹5.5 lakh.

The court subsequently discharged them under the Immigration and Foreigners Act and granted them default bail. VanDyke was represented by advocates Rohit Gour and Rohit Dandriyal.

A person familiar with the developments said that after VanDyke and the six Ukrainians were released from Tihar jail on Thursday night, formalities for their departure were completed.

This included obtaining an exit permit from the FRRO because their travel documents had expired following their arrest in March, the person said.

VanDyke Arrested At Kolkata Airport

VanDyke was arrested at Kolkata airport under Section 18 of the UAPA, which relates to conspiracy, advocacy, abetment or incitement to commit a terrorist act.

The six Ukrainians — Hurba Petro, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, Maksim Honcharuk and Viktor Kaminskyi — were arrested at airports in Delhi and Lucknow on the same day.

The NIA had alleged that the seven entered Myanmar illegally through Mizoram without valid travel documents and participated in a pre-scheduled training programme for Myanmar-based ethnic armed groups.

According to the agency, the programme involved training in drone warfare, drone operations, assembly and jamming technology for groups fighting Myanmar’s military junta.

Congress Questions VanDyke’s Release

The Congress attacked the government over VanDyke being allowed to return to the United States, alleging that US pressure had influenced the outcome and questioning whether India’s national security interests had been adequately protected.

Congress general secretary in-charge of communications Jairam Ramesh questioned why VanDyke was permitted to return home and asked what India had received in return.

Ramesh also questioned how the seven accused obtained visas and were allowed to travel through India to Myanmar in the first place.

“The HM must answer this,” Ramesh said in a post on X.