Matthew VanDyke Released: Congress Questions Centre Over US National's Return

A Delhi special NIA court has allowed US national Matthew Aaron VanDyke and six Ukrainian nationals to travel to their respective home countries for one month, nearly two weeks after the National Investigation Agency (NIA) filed a chargesheet against them without invoking provisions of the Unlawful Activities (Prevention) Act (UAPA).

Special NIA Judge Prashant Sharma of the Rouse Avenue Courts passed the order on September 24, permitting VanDyke to travel to the United States and the six Ukrainians to travel to Ukraine. The court also allowed the release of their passports, subject to conditions linked to the ongoing investigation.

The development has now drawn criticism from the Congress, with party leaders Jairam Ramesh and Pawan Khera questioning the Centre's handling of the case and alleging US pressure. These are political allegations and have not been established by the court. Myanmar Training Camp Case: US National Matthew VanDyke Seeks Permission to Travel Back Home.

Court Allows VanDyke, Six Ukrainians To Leave India

The court allowed the seven accused to travel abroad for a period of one month to meet their families. They have been directed to provide the NIA with details of their residential address and contact information abroad so that investigators can reach them if required.

The court also noted that the accused had expressed their willingness to join the investigation whenever called by the NIA. It held that the right to travel abroad forms part of the fundamental rights under Article 21, while stressing the need to balance that right with the requirements of the investigation. The seven had already secured default bail in separate proceedings. VanDyke was granted default bail on September 18, while the six Ukrainian nationals received similar relief on September 23.

Why Were They Granted Default Bail?

The case was initially registered under Section 18 of the UAPA, which relates to conspiracy to commit a terrorist act. The NIA subsequently investigated the seven foreign nationals in connection with alleged activities linked to a drone-warfare training programme in Myanmar. However, when the agency filed its first chargesheet on September 8, it invoked provisions of the Immigration and Foreigners Act, 2025, instead of filing UAPA charges. Myanmar Training Camp Case: NIA Court Grants Permission to Travel USA, Ukraine to 7 Foreigners Accused to Meet Their Families .

The NIA told the court that its investigation into the alleged UAPA offences was still continuing and that a supplementary chargesheet could be filed if further investigation establishes offences under the anti-terror law. The court subsequently granted default bail after the statutory period for filing a chargesheet under the UAPA expired without UAPA offences being included in the chargesheet.

NIA Says UAPA Probe Is Still Ongoing

The NIA has maintained that it has not closed the UAPA aspect of the case. According to the agency, a substantial part of the investigation had been completed, but additional time was required to establish the complete facts, particularly in connection with the alleged movement and recovery of drones and accessories through India.

The agency has not filed a closure report and has retained the option of filing a supplementary chargesheet if the ongoing investigation establishes offences under the UAPA. The court also noted that it was not the NIA's case that the physical presence of VanDyke or the other accused in India was immediately required to complete the investigation.

What Is The Myanmar Training Camp Case?

The seven foreign nationals were arrested by the NIA on March 13, 2026. VanDyke was arrested at Kolkata airport, while three Ukrainian nationals — Petro Hurba, Taras Slyviak and Ivan Sukmanovskyi — were arrested at Lucknow airport. Three others — Marian Stefankiv, Maksim Honcharuk and Viktor Kaminskyi — were arrested at Delhi airport.

The NIA has alleged that the accused entered India and subsequently travelled towards Mizoram before crossing into Myanmar. The agency was investigating allegations that they were involved in a pre-scheduled training programme involving drone warfare, drone operations, assembly and jamming technology for Myanmar-based ethnic armed groups. The agency also alleged that drones and related accessories were brought into India from Europe as part of the alleged activities under investigation.

Ukrainians Discharged In Immigration Case

The six Ukrainian nationals were also discharged in relation to the immigration offences after the matters were compounded before the Foreigners Regional Registration Office (FRRO). The offences related to unauthorised entry and visa-related violations under Sections 21 and 23 of the Immigration and Foreigners Act, 2025. The accused paid a penalty of ₹5.5 lakh each in connection with the immigration violations. The immigration proceedings are separate from the NIA's continuing investigation into the alleged UAPA offences.

Congress Questions Centre Over VanDyke's Release

Following the court's order, Congress leaders questioned the government's handling of the case. Congress MP Jairam Ramesh alleged that US pressure had influenced the outcome and questioned why the foreign nationals were initially granted visas and allowed to travel through India towards Myanmar. Ramesh also questioned what India had received in return, while referring to the NIA's decision not to include UAPA provisions in its September 8 chargesheet.

Congress leader Pawan Khera also questioned why VanDyke had been allowed to return to the US, contrasting his treatment with the treatment of Indian nationals deported from the US. He also repeated allegations concerning VanDyke's alleged movement through Mizoram and Myanmar. The Congress' allegations are part of the political response to the court order. The NIA, meanwhile, has maintained that its investigation into the UAPA aspect of the case remains ongoing.

NIA Can File Supplementary Chargesheet

The latest court order does not bring the NIA investigation to an end. The agency has indicated that it may submit a supplementary chargesheet if the ongoing probe establishes offences under the UAPA. For now, the court has allowed the seven foreign nationals to travel to their respective countries for one month while requiring them to remain available to investigators.

(The above story first appeared on LatestLY on Sep 25, 2026 03:20 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).