Mathew VanDyke’s Return In Focus Ahead Of Friday Hearing In NIA Case

The alleged conspiracy case involving seven foreign nationals returns to court on Friday, and the main issue is whether US national Mathew Aaron VanDyke will come back to India for the hearing. The group is accused of training ethnic militias in Myanmar after travelling there through India.

People close to VanDyke, who did not want to be named, said he had already booked a return ticket from the US and was expected back in India for Friday’s proceedings according to the Hindustan Times. The National Investigation Agency (NIA), which is probing the case, is awaiting his confirmation.

"He is expected to come back and attend the next court date - set on Friday," one of them said. Advocates Rohit Gour and Rohit Dandriyal represent VanDyke and have not yet commented on his return. The NIA has also not commented so far on the accused returning to their countries.

Court-Ordered Return

A Delhi court had earlier allowed the accused to leave. VanDyke and six Ukrainian nationals were arrested in March this year under provisions of the Unlawful Activities (Prevention) Act, or UAPA, which the agency later dropped in its charge sheet filed in September.

In the last week of September, a Delhi court let the seven accused return to their countries for a month on the condition that they rejoin the investigation. In its charge sheet, the NIA charged them only under the Immigration and Foreigners Act.

That offence is a compounding offence. Even while keeping its UAPA probe open, the NIA did not press for their physical presence in India and agreed to their travel after they furnished personal undertakings and gave their residential addresses and contact details.

Arrests And Allegations

The arrests were made on March 13. 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 were arrested at Delhi and Lucknow airports the same day. They are Hurba Petro, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, Maksim Honcharuk and Viktor Kaminskyi.

The NIA had earlier alleged that the seven accused entered Myanmar illegally through Mizoram without valid travel documents and joined a pre-scheduled training programme for Myanmar-based ethnic armed groups targeting the Myanmar military junta.

The agency alleged that for nearly three months, the seven imparted training in drone warfare, drone operations, assembly and jamming technology. According to the NIA, the training was given to members of Myanmar-based ethnic armed groups including the Chin National Front (CNF) and the Kachin Independence Army (KIA).

The NIA also said CNF members helped VanDyke and the others with logistics. It added that a commander of a Myanmar-based rebel group arranged the money for the mission.