New Delhi: A Delhi court on Friday extended until February 24 next year the permission granted to US national Matthew Aaron VanDyke and six Ukrainian nationals to remain outside India in a Myanmar arms training case being investigated by the National Investigation Agency (NIA).
Special NIA Judge Prashant Sharma of the Rouse Avenue court passed the order while hearing applications filed by the seven accused. The proceedings were held in-camera.
The court also permitted VanDyke to travel to the United States, while extending the six Ukrainian nationals’ permission to stay abroad. The Ukrainian nationals appeared through video conferencing, citing health issues, while VanDyke appeared in person after returning to India for the hearing.
The NIA told the court that further investigation was underway and that it needed more time to examine several aspects of the case. Special Public Prosecutor Rahul Tyagi, along with advocates Jatin Khatri and Amit Rohila, appeared for the agency. The NIA said it would inform the court of developments at the next hearing.
Speaking to PTI outside the courtroom, VanDyke questioned the continuation of the case against him.
“There's no reason for it to continue. If not, I'll stay in India. Until this is over,” he said.
VanDyke, who was granted default bail last month, said he had removed his lawyer due to financial difficulties. He declined to comment further on the case and denied receiving assistance from the US embassy.
The court also kept pending VanDyke’s application seeking the release of his belongings.
On September 24, the court had permitted VanDyke to travel to the US and the six Ukrainian nationals to travel to Ukraine for a month to meet their families, subject to conditions. They were directed to return to India after the period and inform the court within 72 hours. The court had also directed them to cooperate with the NIA’s investigation, either physically or through video conferencing, as required.
The seven foreign nationals were granted default bail in the case.
The NIA has alleged that VanDyke and the six Ukrainians entered India on tourist visas, travelled to the northeastern region without the required permits and crossed from Mizoram into Myanmar, where they allegedly trained ethnic armed organisations.
The agency initially invoked provisions of the Unlawful Activities (Prevention) Act, including those relating to conspiracy. It also alleged that the accused disclosed details of a network, helped assemble equipment and were involved in targeting a passenger aircraft in Myanmar.
However, the NIA did not invoke the UAPA provisions in its charge sheet and instead proceeded under Sections 21 and 23 of the Immigration and Foreigners Act, which cover offences that can be compounded before the Foreigners Regional Registration Office. The agency had indicated that its investigation into the alleged terror-related aspects was continuing and that further allegations could be included in a supplementary charge sheet.
