New Delhi: A Delhi court on Thursday allowed US national Matthew Aaron VanDyke and six Ukrainian nationals, who were arrested earlier this year in a case investigated by the National Investigation Agency (NIA), to travel to their respective home countries for a month, subject to certain conditions.
Special NIA Judge Prashant Sharma of Delhi’s Rouse Avenue Courts allowed applications seeking permission to travel abroad and directed that the seven foreign nationals’ passports be released to them.
VanDyke has been permitted to travel to the US, while the six Ukrainian nationals—Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim alias Maksym and Kaminskyi Viktor—can travel to Ukraine to meet their families.
The seven, who have been granted default bail, were in judicial custody at Tihar Jail.
What did the court say?
While allowing the applications, the court observed that the right to travel abroad is an extension of a fundamental right under the Constitution of India.The seven foreign nationals have been allowed to remain abroad for one month from the date they board their respective flights. They have been directed to return to India after the period expires and inform the court within 72 hours of their return.
The court also directed them to furnish their residential addresses, working mobile numbers and email addresses to the NIA within 24 hours. Those without a working phone number can provide the mobile number of a family member and furnish their own working number within a week of reaching their respective destinations.
The accused will also have to join the investigation either through video call or physically whenever required by the NIA.
During the hearing, the court noted that the accused had expressed their willingness to join the investigation whenever asked by the agency.
Special Public Prosecutor Rahul Tyagi, appearing for the NIA along with advocate Amit Rohila, told the court that further investigation in the case was ongoing but the immediate presence of the accused was not required.
Case Details
US’s VanDyke was arrested at Kolkata airport on March 13 under Section 18 of the Unlawful Activities (Prevention) Act (UAPA), which deals with conspiracy, attempt, advocacy, abetment or facilitation of a terrorist act. The six Ukrainian nationals were arrested at Delhi and Lucknow airports on the same day.
However, the NIA filed its charge sheet against the seven on September 8 only under Sections 21 and 23 of the Immigration and Foreigners Act, 2025, relating to illegal entry and violations of visa conditions. The agency did not charge them under the UAPA, even as it continues to investigate alleged offences under the anti-terror law. The court subsequently granted default bail to all seven.
While granting VanDyke default bail last week, the court described the NIA charge sheet as “piecemeal”, noting that it dealt only with offences under the Immigration and Foreigners Act while further investigation under the UAPA remained underway, reported Hindustan Times.
The six Ukrainian nationals were also discharged from the immigration offences after paying a penalty of ₹5.5 lakh.
VanDyke’s advocates have also sought his discharge from offences under the Immigration and Foreigners Act following compounding of the offences on September 18. The court has allowed the application.
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