A Delhi court has granted permission for American mercenary Matthew Aaron VanDyke and six Ukrainian nationals to stay outside India until February 24, 2027. This decision was made on Friday by Special Judge Prashant Sharma during a hearing concerning applications submitted by the seven foreign individuals. The court’s ruling allows the group to travel, particularly VanDyke, who is seeking to return to the United States.

The National Investigation Agency (NIA) had initially arrested VanDyke and the six Ukrainians in March 2026, alleging their involvement in providing weapons and drone warfare training to ethnic armed groups in Myanmar. The court’s decision was influenced by a request from the NIA, which stated that it required additional time to investigate various aspects of the case.

During the proceedings, NIA counsel Rahul Tyagi presented arguments supporting the need for extended investigation time. Following the hearing, VanDyke expressed his concerns regarding the ongoing case, questioning its validity and indicating a willingness to remain in India until the matter is resolved.

Background of the Case

VanDyke, who had been granted default bail the previous month, returned to India to seek an extension of his travel permission. In September, he had been allowed to visit the US for a month to reunite with family, provided he returned to India for court appearances. He also mentioned that he had dismissed his lawyer due to financial constraints, stating, “I don’t have any comments on the case. It’s all ongoing. Especially now that I’m my own lawyer.”

The NIA’s allegations against VanDyke and the Ukrainian nationals include entering India on tourist visas, travelling to the northeastern region without the necessary permits, and allegedly crossing into Myanmar from Mizoram to train ethnic armed organisations. Initially, the agency invoked provisions of the Unlawful Activities (Prevention) Act (UAPA) concerning conspiracy and other related offences.

However, in its charge sheet, the NIA opted not to invoke UAPA provisions. Instead, it proceeded under Sections 21 and 23 of the Immigration and Foreigners Act, which address offences that can be compounded before the Foreigners Regional Registration Office (FRRO). The NIA has indicated that its investigation into the alleged terror-related aspects of the case is ongoing, and further allegations may be included in a supplementary charge sheet.

Implications and Next Steps

The court’s ruling allows VanDyke and the six Ukrainians to remain abroad while the investigation continues. This development highlights the complexities involved in cases concerning foreign nationals accused of serious offences. The NIA’s ongoing investigation may lead to additional charges or modifications to the existing case against the accused.

As the situation evolves, it remains to be seen how the NIA will proceed and whether any new evidence will emerge that could impact the current legal standing of VanDyke and the Ukrainians. The case has garnered attention due to its international implications and the involvement of foreign nationals in alleged activities linked to armed groups.

In conclusion, the court’s decision reflects the legal processes in place for handling such cases while balancing the rights of the accused and the investigative needs of the authorities. The next hearing will likely provide further clarity on the case’s trajectory and any potential developments in the ongoing investigation.

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