A Delhi court has allowed US national Matthew VanDyke to return to the United States until February 24, 2024. This decision was made following VanDyke’s appearance in a case where he, along with six Ukrainian nationals, is accused by the National Investigation Agency (NIA) of training Myanmar-based ethnic armed groups in drone warfare. Despite this ruling, VanDyke reportedly expressed his intention to remain in India until the conclusion of the legal proceedings.

During his court appearance, VanDyke stated, “There’s no reason for it [the case] to continue. I’ll stay in India until this is over.” He also mentioned financial difficulties as the reason for dismissing his lawyer, indicating that he is now representing himself in the ongoing case.

Judge Prashant Sharma presided over the proceedings, which were conducted in-camera. The court’s order allows all seven accused individuals to remain outside India until the specified date. VanDyke had previously been granted permission to travel to the US for a month in September but returned to India to comply with court requirements.

Details of the Case Against VanDyke

The NIA arrested VanDyke and the six Ukrainian nationals on March 13, alleging that they entered Myanmar through Mizoram without valid travel documents. The agency claims they trained members of ethnic armed groups, including the Chin National Front and the Kachin Independence Army, in drone operations for nearly three months. Initially, the NIA invoked provisions of the Unlawful Activities (Prevention) Act (UAPA), but these were not included in the charge sheet.

Instead, the seven individuals face charges under Sections 21 and 23 of the Immigration and Foreigners Act, which pertain to compoundable offences. The NIA has indicated that its investigation into other aspects of the case is ongoing, with counsel Rahul Tyagi informing the court that additional time is needed for thorough examination.

The six Ukrainian nationals involved in the case are identified as Hurba Petro, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, Maksim Honcharuk, and Viktor Kaminskyi. They appeared via video conferencing, citing health issues as the reason for their absence from the courtroom.

Historical Context of Foreign Nationals in Legal Proceedings

This case is not the first involving a foreign national departing India while legal proceedings are pending. Historical instances include Warren Anderson, chairman of the US-based Union Carbide Corporation, who was allowed to leave India shortly after his arrest in Bhopal in December 1984. The Indian government pursued his extradition for decades, ultimately without success, as he passed away in Florida in 2015.

Another notable case involved Kim Davy, also known as Niels Holck Nielsen, who was implicated in the 1995 Purulia arms drop in West Bengal. After being detained, he managed to flee India, and despite India’s efforts, his extradition request from Denmark was rejected.

In contrast, British national Christian Michel, extradited from the UAE in December 2018 in connection with the ₹3,727-crore VVIP chopper scam, remains in Tihar jail and has yet to secure bail. The differences in outcomes highlight the complexities surrounding extradition and legal proceedings involving foreign nationals in India.

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